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A Ten-Year-Long “EU Mediation Paradox”- When an EU Directive Needs To Be More …Directive

21-11-2018

Ten years since its adoption, the EU Mediation Directive remains very far from reaching its stated goals. This briefing summarises the main achievements and failures in the implementation at national level. In addition, it assesses the conclusions of previous research and of the European Parliament's resolution on the implmentation of the Mediation Directive.

Ten years since its adoption, the EU Mediation Directive remains very far from reaching its stated goals. This briefing summarises the main achievements and failures in the implementation at national level. In addition, it assesses the conclusions of previous research and of the European Parliament's resolution on the implmentation of the Mediation Directive.

Zunanji avtor

Giuseppe De Palo, Professor of Alternative Dispute Resolution Law and Practice at Mitchell Hamline School of Law, St Paul, U.S.A

The Future Relationship between the UK and the EU following the UK’s withdrawal from the EU in the field of family law

23-10-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, explores the possible legal scenarios of judicial cooperation between the EU and the UK at both the stage of the withdrawal and of the future relationship in the area of family law, covering the developments up until 5 October 2018. More specifically, it assesses the advantages and disadvantages of the various options for what should ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, explores the possible legal scenarios of judicial cooperation between the EU and the UK at both the stage of the withdrawal and of the future relationship in the area of family law, covering the developments up until 5 October 2018. More specifically, it assesses the advantages and disadvantages of the various options for what should happen to family law cooperation after Brexit in terms of legal certainty, effectiveness and coherence. It also reflects on the possible impact of the departure of the UK from the EU on the further development of EU family law. Finally, it offers some policy recommendations on the topics under examination.

Zunanji avtor

Marta REQUEJO ISIDRO, Senior Research Fellow, Max Planck Institute Luxembourg/Altair Asesores, Tim AMOS, Barrister, Collaborative Lawyer and Resolution Mediator/Altair Asesores, United Kingdom Pedro Alberto DE MIGUEL ASENSIO, Professor, Complutense University of Madrid/Altair Asesores, Spain Anatol DUTTA, Professor, Ludwig Maximilians University of Munich/Altair Asesores Mark HARPER, Partner at Hughes Fowler Carruthers, Academy Court, United Kingdom/Altair Asesores

An assessment of the Commission’s proposals on electronic evidence

21-09-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the added value and the shortcomings of the Commission’s proposals on cross-border access to electronic evidence, with a special focus on the proposals’ implications for territoriality and state sovereignty and fundamental rights of service providers and users.

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the added value and the shortcomings of the Commission’s proposals on cross-border access to electronic evidence, with a special focus on the proposals’ implications for territoriality and state sovereignty and fundamental rights of service providers and users.

Zunanji avtor

Prof. Martin BÖSE, Professor, Rheinische Friedrich-Wilhelms-Universität Bonn

Universal jurisdiction and international crimes: Constraints and best practices

17-09-2018

This report summarises the proceedings of a workshop organised by the European Parliament’s Subcommittee on Human Rights (DROI), in association with the Committee on Legal Affairs (JURI) and the Committee on Civil Liberties, Justice and Home Affairs (LIBE). Academics and practitioners discussed international trends as regards the concept of universal jurisdiction and the EU’s approach to promoting universal jurisdiction through its external relations, as well as practical experience in applying universal ...

This report summarises the proceedings of a workshop organised by the European Parliament’s Subcommittee on Human Rights (DROI), in association with the Committee on Legal Affairs (JURI) and the Committee on Civil Liberties, Justice and Home Affairs (LIBE). Academics and practitioners discussed international trends as regards the concept of universal jurisdiction and the EU’s approach to promoting universal jurisdiction through its external relations, as well as practical experience in applying universal jurisdiction in the fight against impunity in Europe. The experts agreed that universal jurisdiction can play a role as part of a wider accountability strategy, complementary to international courts and prosecutions on other jurisdictional bases. They recommended more specialised training for investigators, prosecutors, judges and law enforcement staff for universal jurisdiction cases and more cooperation at EU and international level. Speakers supported the initiative for a multilateral treaty on mutual legal assistance and extradition. Special attention in universal jurisdiction cases must be given to victims seeking justice, including for sexual and gender-based crimes.

Zunanji avtor

Julia KREBS, Cedric RYNGAERT, Florian JEßBERGER

The EU-UK relationship beyond Brexit: options for Police Cooperation and Judicial Cooperation in Criminal Matters

17-07-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, provides expertise on the legal, institutional and technical implications of the UK’s future relationship with the EU after Brexit in the areas of police cooperation and judicial cooperation in criminal matters (Chapters 4 and 5 of Title V TFEU).

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, provides expertise on the legal, institutional and technical implications of the UK’s future relationship with the EU after Brexit in the areas of police cooperation and judicial cooperation in criminal matters (Chapters 4 and 5 of Title V TFEU).

Zunanji avtor

Mirja GUTHEIL, Optimity Advisors; Quentin LIGER, Optimity Advisors; Aurélie HEETMAN, Optimity Advisors; Max HENLEY, Optimity Advisors; Harry HEYBURN, Optimity Advisors.

The Institutional Consequences of a ‘Bespoke’ Agreement with the UK based on a ‘Distant’ Cooperation Model

04-07-2018

TThis in-depth analysis, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, examines the impact for the European Union’s legal system and institutions of a “bespoke” agreement based on a “distant” cooperation model (with the EU/Ukraine and the EU/Canada agreements as main illustrations). The analysis of these agreements’ main characteristics reveals that even “distant” cooperation already has quite impressive ...

TThis in-depth analysis, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, examines the impact for the European Union’s legal system and institutions of a “bespoke” agreement based on a “distant” cooperation model (with the EU/Ukraine and the EU/Canada agreements as main illustrations). The analysis of these agreements’ main characteristics reveals that even “distant” cooperation already has quite impressive consequences. These should be better taken into consideration in the present Brexit negotiation.

Zunanji avtor

Franklin DEHOUSSE, Professor of International Economic Law, University of Liège

Cross-Border Exchange and Comparison of Forensic DNA Data in the Context of the Prüm Decision

07-06-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, provides an overview of the Prüm regime. It first considers the background of the Prüm Convention and Prüm Decision. The subsequent two chapters summarize the Prüm regime in relation mainly to DNA data looking at value and shortcomings; and ethical, legal and social implications of forensic DNA typing and databasing in relation to the Prüm regime ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, provides an overview of the Prüm regime. It first considers the background of the Prüm Convention and Prüm Decision. The subsequent two chapters summarize the Prüm regime in relation mainly to DNA data looking at value and shortcomings; and ethical, legal and social implications of forensic DNA typing and databasing in relation to the Prüm regime. Finally, based on the analysis, it provides the policy recommendations.

Zunanji avtor

Dr. Victor TOOM

THE INSTITUTIONAL CONSEQUENCES OF A BESPOKE AGREEMENT WITH THE UK BASED ON A “CLOSE COOPERATION” MODEL

15-05-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, considers the governance and institutional aspects of a potential agreement on the future economic relationship between the Union and the UK based on a “close cooperation” model. “Close cooperation” agreements involve a strong ambition for economic integration, based in practice upon a high degree of alignment by the third country to the relevant ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, considers the governance and institutional aspects of a potential agreement on the future economic relationship between the Union and the UK based on a “close cooperation” model. “Close cooperation” agreements involve a strong ambition for economic integration, based in practice upon a high degree of alignment by the third country to the relevant Union acquis. Although the UK’s circumstances may well be unique, there are few grounds to believe that the formal terms for a Union-UK “close cooperation” agreement should be radically different from the experience gained and lessons learned from comparable relationships between the Union and other third countries. The special situation of the UK would be more likely to manifest itself empirically, through the practical operation and tangible outputs of the governance and institutional structures and processes established under any “close cooperation” agreement.

Zunanji avtor

Michael DOUGAN, University of Liverpool

Recast of the Brussels IIa Regulation

10-01-2018

On 21 November 2017, Parliament's Committee on Legal Affairs adopted its report on the Commission proposal for a recast Brussels IIa Regulation concerning the 'free movement' of judgments in non-patrimonial family matters. Since a special legislative procedure applies, the European Parliament is only consulted; it is expected to vote during its January plenary session.

On 21 November 2017, Parliament's Committee on Legal Affairs adopted its report on the Commission proposal for a recast Brussels IIa Regulation concerning the 'free movement' of judgments in non-patrimonial family matters. Since a special legislative procedure applies, the European Parliament is only consulted; it is expected to vote during its January plenary session.

The implications of the United Kingdom’s withdrawal from the European Union for the Area of Freedom, Security and Justice

19-12-2017

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, appraises the implications of the United Kingdom’s withdrawal from the European Union for the Area of Freedom, Security and Justice and protection of personal data for law enforcement purposes. It maps the various policy areas in which the UK is currently participating and analyses the requirements for the disentanglement of the UK from them ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, appraises the implications of the United Kingdom’s withdrawal from the European Union for the Area of Freedom, Security and Justice and protection of personal data for law enforcement purposes. It maps the various policy areas in which the UK is currently participating and analyses the requirements for the disentanglement of the UK from them, as well as the prerequisites for possible UK participation in AFSJ policies after withdrawal. Furthermore, it provides an assessment of the political and operational impact of Brexit for the EU in the Area of Freedom, Security and Justice.

Zunanji avtor

Susie ALEGRE; Prof. Didier BIGO; Prof. Elspeth GUILD; Elif MENDOS KUSKONMAZ; Hager BEN JAFFEL; Dr. Julien JEANDESBOZ (CCLS, Université Libre de Bruxelles) acted as administrative coordinator for this study and Ife KUBLER provided research assistance.

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