43

resultat(er)

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Type af publikation
Politikområde
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Dato

Establishing a computerised system for communication in cross-border civil and criminal proceedings (e-CODEX)

05-03-2021

This briefing anlyses the strenghts and weaknesses of the Commission impact assessment (IA) accompanying the proposal to to formally establish the e-CODEX system at EU level and entrust its operational management to the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (EU-LISA). The IA contains a number of important shortcomings that significantly reduce its overall quality.

This briefing anlyses the strenghts and weaknesses of the Commission impact assessment (IA) accompanying the proposal to to formally establish the e-CODEX system at EU level and entrust its operational management to the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (EU-LISA). The IA contains a number of important shortcomings that significantly reduce its overall quality.

Revising the Taking of Evidence Regulation

27-05-2019

On 31 May 2018, the Commission proposed a proposal for a new regulation on taking of evidence in civil proceedings. It takes stock of the existing regulation (from 2001), but provides for a number of changes to remove legal uncertainty and to promote electronic communications. Parliament adopted its legislative resolution on the proposal on 13 February 2019. The main points of Parliament's position include modifying the definition of the term 'court', to mean any authority in a Member State that ...

On 31 May 2018, the Commission proposed a proposal for a new regulation on taking of evidence in civil proceedings. It takes stock of the existing regulation (from 2001), but provides for a number of changes to remove legal uncertainty and to promote electronic communications. Parliament adopted its legislative resolution on the proposal on 13 February 2019. The main points of Parliament's position include modifying the definition of the term 'court', to mean any authority in a Member State that is competent under the laws of that Member State to take evidence according to this regulation (i.e. not only judicial bodies). Parliament also considers that any decentralised information technology (IT) system for cross-border communication of evidence must be based on e-CODEX, and that the use of videoconferencing or any other appropriate distance communication technology should be subject to the consent of the person to be heard. Any electronic systems used to take evidence must also ensure that professional secrecy and legal professional privilege (lawyers' secrets) are duly protected. The discussion in Council is ongoing, thus trilogue negotiations on the proposal have not yet been able to commence.

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.

Ekstern forfatter

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

Limitation periods for traffic accidents

27-06-2017

The Committee on Legal Affairs wants Parliament to call on the Commission to put forward a proposal for a directive to lay down common rules on limitation periods for civil claims arising from cross-border traffic accidents. Its report stresses the differences between Member States' rules, and the legal difficulties faced by victims of cross-border accidents.

The Committee on Legal Affairs wants Parliament to call on the Commission to put forward a proposal for a directive to lay down common rules on limitation periods for civil claims arising from cross-border traffic accidents. Its report stresses the differences between Member States' rules, and the legal difficulties faced by victims of cross-border accidents.

Prospects for a Multilateral Investment Court

14-06-2017

Since 2015, the European Commission has worked on the establishment of a Multilateral Investment Court (MIC). The purpose of this court is to have a permanent international body that can settle investment disputes between investors and states. The MIC would replace the current system of investor-to-state dispute settlement (ISDS) based on ad hoc commercial arbitration, which has become controversial over the past few years.

Since 2015, the European Commission has worked on the establishment of a Multilateral Investment Court (MIC). The purpose of this court is to have a permanent international body that can settle investment disputes between investors and states. The MIC would replace the current system of investor-to-state dispute settlement (ISDS) based on ad hoc commercial arbitration, which has become controversial over the past few years.

Civilretligt samarbejde

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 ...

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.

The European Law Institute/UNIDROIT Civil Procedure Projects as a Soft Law Tool to Resolve Conflicts of Law

13-01-2017

Upon request by the JURI Committee this paper describes the European Law Institute/UNIDROIT Project for a text establishing Principles of Transnational Civil Procedure and subsequent efforts to establish a European set of procedures that would transcend national jurisdictional rules and facilitate the resolution of disputes arising from transnational commercial transactions. It is a rolling programme of rules, with comments designed to produce soft-law.

Upon request by the JURI Committee this paper describes the European Law Institute/UNIDROIT Project for a text establishing Principles of Transnational Civil Procedure and subsequent efforts to establish a European set of procedures that would transcend national jurisdictional rules and facilitate the resolution of disputes arising from transnational commercial transactions. It is a rolling programme of rules, with comments designed to produce soft-law.

The Mediation Directive

16-12-2016

Taking into account the limited objectives set within the Mediation Directive, namely to facilitate access to alternative dispute resolution and promote mediation that would operate in a balanced relationship with judicial proceedings, its implementation throughout the European Union has been rather successful and unproblematic. In some Member States, it has triggered the establishment of previously non-existent mechanisms and institutions; in others, it has ensured some alignment of procedural law ...

Taking into account the limited objectives set within the Mediation Directive, namely to facilitate access to alternative dispute resolution and promote mediation that would operate in a balanced relationship with judicial proceedings, its implementation throughout the European Union has been rather successful and unproblematic. In some Member States, it has triggered the establishment of previously non-existent mechanisms and institutions; in others, it has ensured some alignment of procedural law and various practices. The challenges lying ahead are linked to the limitations of comparing different national solutions without the benefit of coherent data on the use and impact of mediation, and to experience with the implementation of other European Union (EU) acts (such as the Alternative Dispute Resolution (ADR) Directive from 2013). The growing recognition of the usefulness of mediation as such will in any case be further strengthened by the continuous exchange of best practices in different national jurisdictions, supported by appropriate action at the European level.

Application of the European Order for Payment

25-11-2016

On 17 October 2016, Parliament's Legal Affairs Committee adopted a report on the application of the European Order for Payment procedure. The report is very critical of the Commission's belated implementation report and looks for the plenary to call upon the Commission to submit a fresh one.

On 17 October 2016, Parliament's Legal Affairs Committee adopted a report on the application of the European Order for Payment procedure. The report is very critical of the Commission's belated implementation report and looks for the plenary to call upon the Commission to submit a fresh one.

The Implementation of the Mediation Directive - Workshop on 29 November 2016

21-11-2016

The workshop, organised by the Policy Department for Citizens' Rights and Constitutional Affairs upon request by the JURI Committee, will provide an opportunity to discuss the state of implementation of the Mediation Directive (2008/52/EC), in the light of the recently published European Commission report on the application of the Directive (COM (2016) 542) and in view of the European Parliament's Implementation Report. The papers included in this compilation examine the application of the Mediation ...

The workshop, organised by the Policy Department for Citizens' Rights and Constitutional Affairs upon request by the JURI Committee, will provide an opportunity to discuss the state of implementation of the Mediation Directive (2008/52/EC), in the light of the recently published European Commission report on the application of the Directive (COM (2016) 542) and in view of the European Parliament's Implementation Report. The papers included in this compilation examine the application of the Mediation Directive in the Member States, as well as its relationship with both judicial proceedings and other forms of alternative and online dispute resolution. The papers propose possible avenues to improve the situation, in particular by promoting a better use of mediation and ADR and facilitating the intra-EU recognition of settlements.

Ekstern forfatter

Giuseppe DE PALO, Leonardo D’URSO, Geoffrey VOS, Felix STEFFEK, Carlos ESPLUGUES, Jose Luis IGLESIAS and Jin Ho VERDONSCHOT

Kommende begivenheder

21-06-2021
Ensuring effective protection of European consumers in the digital economy
Høring -
IMCO
22-06-2021
AFCO ICM on the Reform of European Electoral Law & Parliament's Right of Inquiry
Anden begivenhed -
AFCO
22-06-2021
The development of new tax practices:what new schemes should the EU pay attention to?
Høring -
FISC

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