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The Council of the EU has authorised the European Commission to represent the EU and its Member States in the intergovernmental talks at the United Nations Commission on International Trade Law (UNCITRAL), with a view to reforming the existing investor-state dispute settlement (ISDS) system. The latter provides a procedural framework for disputes between international investors and host states in relation to international investment agreements, and relies on arbitration procedures. The system has ...

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 ...

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.

Since 2015, Member States must accept most civil judgments from other EU countries without reviewing their content (abolition of exequatur). This has raised concerns about the need for ensuring that civil proceedings across the EU conform to common minimum standards. The European Parliament is due to vote in July on a report requesting the Commission table a proposal for a directive on such standards, which might be a first step towards a European Code of Civil Procedure.

Civilretligt samarbejde

EU-faktablade 01-04-2017

Den fri bevægelighed for varer, tjenesteydelser, kapital og mennesker over grænserne øges løbende. I civilretlige spørgsmål med grænseoverskridende virkninger udvikler EU et retligt samarbejde og bygger bro mellem de forskellige retssystemer. De vigtigste mål er retssikkerhed og en ubesværet og effektiv adgang til domstolene, hvilket indebærer, at det er let at finde frem til den kompetente retsmyndighed, en klar angivelse af gældende ret samt hurtige og effektive anerkendelses- og fuldbyrdelsesprocedurer ...

Judicial cooperation in criminal matters

EU-faktablade 01-04-2017

Judicial cooperation in criminal matters is based on the principle of mutual recognition of judgments and judicial decisions, and includes measures to approximate the laws of the Member States in several areas. The Treaty of Lisbon has provided a stronger basis for the development of a criminal justice area, while also stipulating new powers for the European Parliament.

The workshop, organised by the Policy Department upon request by the JURI Committee, takes place while the European Parliament is consulted on the Commission proposal to recast the so-called “Brussels IIa” Regulation 2201/2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and the matters of parental responsibility. The briefings included in this compilation examine the main amendments proposed by the Commission as regards child abduction and return ...

In March 2016 the Commission proposed, in parallel, two regulations implementing enhanced cooperation on cross-border aspects of property regimes of marriages and registered partnerships. They replace a pair of earlier proposals from 2011, which lacked unanimous support in the Council.

Brussels IIa: Towards a Review

Briefing 15-09-2015

The Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility), which since 1 March 2005 has applied to all Member States except Denmark, is about to be reviewed. The European Parliament will be consulted in this process. This notes aims to clarify the scope of the regulation which relates to other international instruments. It applies ...

The free movement of judgments in the European Area of Justice presupposes a high level of mutual trust between the judiciaries of the Member States. From the citizens' perspective, the key issue is the balancing of the fundamental rights of claimants and defendants, i.e. the right of access to justice (to pursue a claim) and the rights of the defence. Mutual trust in judiciaries can be built in various ways. First of all, through the creation of uniform European procedures in the form of optional ...