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Područje politike
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The Evidentiary Effects of Authentic Acts in the Member States of the European Union, in the Context of Successions

15-03-2016

The EU Succession Regulation (Regulation 650/2012) allows for cross-border circulation of authentic instruments in a matter of succession. Authentic instruments are documents created by authorised authorities which benefit from certain evidential advantages. As this Regulation does not harmonise Member State substantive laws or procedures concerning succession the laws relating to the domestic evidentiary effects of succession authentic instruments remain diverse. Article 59 of the Succession Regulation ...

The EU Succession Regulation (Regulation 650/2012) allows for cross-border circulation of authentic instruments in a matter of succession. Authentic instruments are documents created by authorised authorities which benefit from certain evidential advantages. As this Regulation does not harmonise Member State substantive laws or procedures concerning succession the laws relating to the domestic evidentiary effects of succession authentic instruments remain diverse. Article 59 of the Succession Regulation requires the Member States party to the Regulation to give succession authentic instruments the evidentiary effects they would enjoy in their Member State of origin. The only limits on this obligation being public policy or the irreconcilability of the authentic instrument with a court decision, court settlement or another authentic instrument. This study, which was commissioned by the Policy Department for Citizen's Rights and Constitutional Affairs of the European Parliament upon request of the Committee on Legal Affairs, provides an information resource for legal practitioners concerning the evidentiary effects of succession authentic instruments in the 25 Member States bound by the Succession Regulation. It also makes recommendations for best practice.

Vanjski autor

Paul BEAUMONT, Jonathan FITCHEN and Jayne HOLLIDAY (University of Aberdeen)

Cross-Border Activities in the EU - Making Life Easier for Citizens

16-02-2015

Compendium of notes distributed on the workshop on "Civil aw and justice forum", held on 26 February 2015 in Brussels.

Compendium of notes distributed on the workshop on "Civil aw and justice forum", held on 26 February 2015 in Brussels.

Vanjski autor

Giesela Rühl (Jena Universtity), Jan von Hein (Freiburg University), Pierre Callé (Paris Sud University, Paris XI), Michael P. Clancy (The Society of Scotland, UK), Christiane Wendehorst (Vienna University), Kurt Lechner (Notary Chamber of Palatinate, Germany), Eva Põtter (Estonian Chamber of Notaries), Paul Lagarde (Université Paris I, Panthéon-Sorbonne, Harm Schepel (Brussels School of International studies), Pablo Cortés (University of Leicester), Giuseppe De Palo (ADR Center Srl) and Gottfried Musger (Austrian Supreme Court - OGH)

EU competence in private law

08-01-2015

The notion of private law, as opposed to public law, has a long tradition and is of great importance in most EU Member States. National private law is seen as the constitution of civil society and enjoys a high degree of democratic legitimacy with regard to social justice. However, that distinction is not so important in EU law, where EU legislative competences in any given field of law are limited to those explicitly provided for in the Treaties. There is thus no general EU competence to regulate ...

The notion of private law, as opposed to public law, has a long tradition and is of great importance in most EU Member States. National private law is seen as the constitution of civil society and enjoys a high degree of democratic legitimacy with regard to social justice. However, that distinction is not so important in EU law, where EU legislative competences in any given field of law are limited to those explicitly provided for in the Treaties. There is thus no general EU competence to regulate private law in its entirety, but a number of specific competences addressing selected aspects. The clash between coherent national systems of private law and the EU's functionalist approach leads inevitably to a fragmentation of EU legislation regarding private law. This poses a challenge to the coherence of national systems of private law, with adverse effects not only on consistency, but also transparency and legal security. Of potential options for restoring coherence to private law, the only feasible one is through spontaneous harmonisation. This can occur as a spill-over of EU law rules and principles, through national legislatures and judiciaries. But above all, it is likely to happen through the framing of national and EU private law within a common grid of concepts, principles and rules.

Upcoming Issues of EU Law

15-09-2014

Upon request by the JURI Committee, five specific topics have been chosen for the workshop "Upcoming issues of EU law" on the afternoon of 24 September 2014 as being representative of different avenues for the future development of the law and aiming at giving Members of the European Parliament an overview of the work of the Legal Affairs Committee in several of its areas of competence. The workshop focuses both on work that has been accomplished in the past and on challenges that may be expected ...

Upon request by the JURI Committee, five specific topics have been chosen for the workshop "Upcoming issues of EU law" on the afternoon of 24 September 2014 as being representative of different avenues for the future development of the law and aiming at giving Members of the European Parliament an overview of the work of the Legal Affairs Committee in several of its areas of competence. The workshop focuses both on work that has been accomplished in the past and on challenges that may be expected to arise in the course of the legislature 2014 -2019.

Vanjski autor

Wolfgang Heusel (Academy of European Law - ERA, Germany) ; Contributors: Karine Caunes, Ramin Farinpour, Angelika Fuchs, Florence Hartmann-Vareilles (Academy of European Law - ERA, Germany) ; Marta Ballesteros (Milieu, Belgium) ; Xandra Kramer (Erasmus University Rotterdam, The Netherlands) ; Lionel Bently (with thanks to Brad Sherman) (Centre for Intellectual Property and Information Law at the University of Cambridge, the UK) ; Alfred Radauer (Technopolis Group, Austria) ; Andrea Bertolini and Erica Palmerini (Scuola Superiore Sant'Anna, Pisa, Italy)

Possibility and Terms for Applying Brussels I Regulation (Recast) to Extra- European Disputes

14-03-2014

Upon request by the JURI Committee, this study provides an analysis of improvements to European rules on jurisdiction and enforcement of judgments. It concerns, in particular, disputes connected to third (non-EU) States by virtue of the domicile of the defendant or as a result of a connecting factor that the European Union considers as a ground for exclusive jurisdiction where it points towards the courts of a Member State. In summary, the research is aimed at determining the external boundaries ...

Upon request by the JURI Committee, this study provides an analysis of improvements to European rules on jurisdiction and enforcement of judgments. It concerns, in particular, disputes connected to third (non-EU) States by virtue of the domicile of the defendant or as a result of a connecting factor that the European Union considers as a ground for exclusive jurisdiction where it points towards the courts of a Member State. In summary, the research is aimed at determining the external boundaries of the European Union’s jurisdiction. Moreover, the study explores the possibilities open to the European Union for achieving the best possible coordination in the exercise of jurisdiction with its economic partners. More specifically, a two-step progression is suggested: first, the unilateral introduction of specific rules of coordination - via the adoption of legislation setting out specific jurisdiction rules for non-EU disputes – and, secondly, the promotion of international conventions with third States, so as to coordinate EU and non-EU private international law systems and in order to attain a higher degree of legal certainty for EU and non-EU litigators.

Vanjski autor

Swiss Institute of Comparative Law:Lukas HECKENDORN URSCHELER, Ilaria PRETELLI, Andreas FÖTSCHL, Josef SKALA, Daria SOLENIK, Martin SYCHOLD and Raffaella DI IORIO; University of Lausanne: Andrea BONOMI; University of Urbino “Carlo Bo”: Luigi MARI; Kyushu University: Yuko NISHITANI; University of Geneva: Gian Paolo ROMANO

Methods for unifying private law in the EU

23-01-2014

Private law regulates rela­tionships between private individuals, for example between a consumer and a business. The EU may legislate in this area only where specifically authorised by the Treaties, for instance to harmonise national private-law rules posing obstacles to the functioning of the internal market, or to promote judicial cooperation in civil matters. The two types of legal instruments used by the EU legislature in the area of private law are directives and regulations. Some directives ...

Private law regulates rela­tionships between private individuals, for example between a consumer and a business. The EU may legislate in this area only where specifically authorised by the Treaties, for instance to harmonise national private-law rules posing obstacles to the functioning of the internal market, or to promote judicial cooperation in civil matters. The two types of legal instruments used by the EU legislature in the area of private law are directives and regulations. Some directives are based on minimum harmonisation, meaning that they allow Member States (MS) to retain higher consumer protection standards. Other directives are based on full harmonisation, allowing no deviation from their standard of protection. Regulations, directly applicable in the MS are used mainly in the field of civil procedure, private international law and intellectual property law.

European Code on Private International Law: Cost of Non Europe Report

14-06-2013

On 11 October 2012, the Committee on Legal Affairs (JURI) requested a Cost of Non-Europe report (CoNE) on the perspective of having a European Code on Private International Law. This Cost of Non-Europe report analyses the formal question of the code, and more particularly the question of 'gaps' in the Private International Law of the European Union which need to be filled, and the cost to citizens and businesses of not filling them. It also contains quantitative and qualitative arguments in favour ...

On 11 October 2012, the Committee on Legal Affairs (JURI) requested a Cost of Non-Europe report (CoNE) on the perspective of having a European Code on Private International Law. This Cost of Non-Europe report analyses the formal question of the code, and more particularly the question of 'gaps' in the Private International Law of the European Union which need to be filled, and the cost to citizens and businesses of not filling them. It also contains quantitative and qualitative arguments in favour of a European Code on Private International Law. This report has been drawn up by the European Parliament's European Added Value Unit, building on external expertise contributed by GHK and presented in a separate annex. ANNEX: The perspective of having a European Code on Private International Law. Research paper by Nick Bozeat (GHK)

Mutual recognition of protection measures in civil matters

15-11-2012

This document contains an analysis of the Proposal for a Regulation of the European Parliament and of the Council 2011/0130/COD on mutual recognition of protection measures in civil matters under a national judge's perspective.

This document contains an analysis of the Proposal for a Regulation of the European Parliament and of the Council 2011/0130/COD on mutual recognition of protection measures in civil matters under a national judge's perspective.

Vanjski autor

Carlos Manuel GONÇALVES DE MELO MARINHO, Judge of the Lisbon Court of Appeal - Portugal

Consumer Protection under the Proposal for a Common European Sales Law

15-11-2012

This briefing note explains the problems which the Common European Sales Law (CESL) sets out to solve, to what extent it actually achieves those goals and where the proposal leaves room for improvement. The paper focuses on consumer contracts concluded between parties located within the EU. It intentionally leaves the many complicated and technical details of Private International Law aside in order to make the basic structures of the current system more visible so that the usefulness of a CESL can ...

This briefing note explains the problems which the Common European Sales Law (CESL) sets out to solve, to what extent it actually achieves those goals and where the proposal leaves room for improvement. The paper focuses on consumer contracts concluded between parties located within the EU. It intentionally leaves the many complicated and technical details of Private International Law aside in order to make the basic structures of the current system more visible so that the usefulness of a CESL can be better appraised.

Vanjski autor

Hans Schulte-Nölke (European Legal Studies Institute, Osnabrück, Germany)

A European Framework for Private International Law : Current Gaps and Future Perspectives

15-11-2012

This report identifies the gaps that exist in the current European framework of private international law and suggests a road map towards a more comprehensive codification of EU private international law. For the time being, legislative efforts should be directed at creating separate instruments for well-defined problems of private international law. The fruits of these efforts could in the long-term be combined in a code of EU private international law.

This report identifies the gaps that exist in the current European framework of private international law and suggests a road map towards a more comprehensive codification of EU private international law. For the time being, legislative efforts should be directed at creating separate instruments for well-defined problems of private international law. The fruits of these efforts could in the long-term be combined in a code of EU private international law.

Vanjski autor

Xandra Kramer (scientific director), Michiel de Rooij (project leader), Vesna Lazić, Richard Blauwhoff and Lisette Frohn

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