29

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Digital Services Act

01-10-2020

E-commerce is an essential part of the economy and of consumers shopping habits. It can support EU citizens in accessing services more easily and businesses reaching customers more targeted. The E-commerce Directive has been an important column of digital services. Still, there is need for amending the current regulation. This EAVA accompanies two European Parliament's own-initiative legislative reports by JURI and IMCO asking the Commission for legislative actions to implement a digital services ...

E-commerce is an essential part of the economy and of consumers shopping habits. It can support EU citizens in accessing services more easily and businesses reaching customers more targeted. The E-commerce Directive has been an important column of digital services. Still, there is need for amending the current regulation. This EAVA accompanies two European Parliament's own-initiative legislative reports by JURI and IMCO asking the Commission for legislative actions to implement a digital services act. The analysis identifies 22 main gaps and risks, which we clustered into four policy packages on consumer protection, content management and curation, facilitation of competition in online platforms ecosystems, and enhancement of enforcement and legal coherence. The analysis suggests that EU common action on consumer protection and e-commerce rules, as well as on a framework for content management and curation could add up €76 billion to the EU GDP between 2020-2030.

Common minimum standards of civil procedure: European Added Value Assessment

28-11-2019

The European Added Value Assessment (EAVA) estimates whether and to what extent adoption of EU minimum standards of civil procedure could generate European added value. The European added value is quantified as a percentage reduction of the total cost of civil procedure. The total cost of civil procedure is estimated based on data on the number of civil and commercial proceedings in the EU-28 and the cost of litigation in the Member States. Based on this analysis, the EAVA estimates that introducing ...

The European Added Value Assessment (EAVA) estimates whether and to what extent adoption of EU minimum standards of civil procedure could generate European added value. The European added value is quantified as a percentage reduction of the total cost of civil procedure. The total cost of civil procedure is estimated based on data on the number of civil and commercial proceedings in the EU-28 and the cost of litigation in the Member States. Based on this analysis, the EAVA estimates that introducing EU common minimum standards of civil procedure could reduce annual costs for citizens and businesses in the European Union by as much as €4.7 to 7.9 billion per annum. The European added value could be potentially generated through reduction of fragmentation, simplification and filling gaps in the current EU procedural rules. Furthermore, EU common minimum standards would contribute towards building mutual trust between judicial authorities of different Member States. Increasing trust has the potential to enhance legal certainty and stability for citizens and businesses, further reduce uncertainty and delay costs.

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.

Externe Autor

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

Mediation Directive 2008/52/EC

15-11-2018

Mediation Directive 2008/52/EC defines the procedure of environmental impact assessment. It intends to facilitate access to alternative dispute resolution mechanisms and to promote the amicable settlement of disputes, while encouraging the use of mediation. The directive applies to cross-border disputes in civil, including family law, and commercial matters. This note provides a brief overview of its implementation.

Mediation Directive 2008/52/EC defines the procedure of environmental impact assessment. It intends to facilitate access to alternative dispute resolution mechanisms and to promote the amicable settlement of disputes, while encouraging the use of mediation. The directive applies to cross-border disputes in civil, including family law, and commercial matters. This note provides a brief overview of its implementation.

Modernising judicial cooperation in civil and commercial matters: Implementation Appraisal

15-05-2018

The regulation on the service of documents and the regulation on taking of evidence are key instruments in the facilitation of cross-border cooperation between national civil courts. They have contributed to the effectiveness of cross-border litigation before civil and commercial courts by making civil proceedings in cross-border cases simpler, faster and cheaper. However, digitalisation and the use of electronic means of communication could boost their efficiency. This is why the European Commission ...

The regulation on the service of documents and the regulation on taking of evidence are key instruments in the facilitation of cross-border cooperation between national civil courts. They have contributed to the effectiveness of cross-border litigation before civil and commercial courts by making civil proceedings in cross-border cases simpler, faster and cheaper. However, digitalisation and the use of electronic means of communication could boost their efficiency. This is why the European Commission is aiming to align the two instruments with the e-government objectives of the digital single market strategy. The Commission's review process has also brought to light some other shortcomings in the application of the two regulations, such as uncertainties regarding their scope and issues relating to the protection of the rights of the defence. Current disparities in the procedural laws of the Member States lead to legal uncertainties in the application of the regulations. The Commission is seeking ways to modernise judicial cooperation in civil and commercial matters, and in particular Regulations 1393/2007/EC and 1206/2001/EC. To that end, it is currently undertaking a combined evaluation and impact assessment for both regulations at once.

HAAGER KONFERENZ FÜR INTERNATIONALES PRIVATRECHT „ANERKENNUNGS- UND VOLLSTRECKUNGS-ÜBEREINKOMMEN“

16-04-2018

Diese von der Fachabteilung für Bürgerrechte und konstitutionelle Angelegenheiten des Europäischen Parlaments auf Anforderung des JURIAusschlusses in Auftrag gegebene Studie enthält eine Einschätzung der laufenden Arbeit der Haager Konferenz zum Anerkennungs- und Vollstreckungsübereinkommen. Die Analyse konzentriert sich auf den Entwurf des Übereinkommens von November 2017, sein Zusammenspiel mit internationalen Rechtsakten und Rechtsakten der Union in diesem Bereich und den möglichen Auswirkungen ...

Diese von der Fachabteilung für Bürgerrechte und konstitutionelle Angelegenheiten des Europäischen Parlaments auf Anforderung des JURIAusschlusses in Auftrag gegebene Studie enthält eine Einschätzung der laufenden Arbeit der Haager Konferenz zum Anerkennungs- und Vollstreckungsübereinkommen. Die Analyse konzentriert sich auf den Entwurf des Übereinkommens von November 2017, sein Zusammenspiel mit internationalen Rechtsakten und Rechtsakten der Union in diesem Bereich und den möglichen Auswirkungen, die es in Zukunft auf die Vorschriften zu Streitsachen mit grenzüberschreitendem Bezug in Zivil- und Handelssachen haben könnte.

Externe Autor

Pedro A. DE MIGUEL ASENSIO (coord.), Professor, Complutense University of Madrid, Spain Gilles CUNIBERTI, Professor, University of Luxembourg Pietro FRANZINA, Professor, University of Ferrara, Italy Christian HEINZE, Professor, Leibniz University of Hannover, Germany Marta REQUEJO ISIDRO, Senior Research Fellow, Max Planck Institute Luxembourg

Understanding artificial intelligence

11-01-2018

Artificial intelligence (AI) systems already permeate daily life: they drive cars, decide on mortgage applications, translate texts, recognise faces on social networks, identify spam emails, create artworks, play games, and intervene in conflict zones. The AI revolution that began in the 2000s emerged from the combination of machine learning techniques and 'big data'. The algorithms behind these systems work by identifying statistical correlation in the data they analyse, enabling them to perform ...

Artificial intelligence (AI) systems already permeate daily life: they drive cars, decide on mortgage applications, translate texts, recognise faces on social networks, identify spam emails, create artworks, play games, and intervene in conflict zones. The AI revolution that began in the 2000s emerged from the combination of machine learning techniques and 'big data'. The algorithms behind these systems work by identifying statistical correlation in the data they analyse, enabling them to perform tasks for which intelligence is required if a human were to perform them. Nevertheless, data-driven AI can only perform one task at a time, and cannot transfer its knowledge. 'Strong AI', able to display human-like intelligence and common sense, and which might be able to set its own goals, is not yet within reach. Despite the fears portrayed in film and TV entertainment, the idea of a 'superintelligence' able to self-improve and dominate humans remains an esoteric possibility, as development of strong AI systems is not predicted for a few decades or more, if indeed development ever reaches this stage. Nevertheless, the development of data-driven AI systems implies adaptation of legal frameworks on the collection, use and storage of data, due to privacy and other issues. Bias in data supplied to AI systems can also reproduce or amplify bias in the decisions they make. However, the key issue remains the level of autonomy given to AI systems to make decisions that could be life-changing, keeping in mind that they only provide recommendations, that they do not understand the tasks they perform, and that there is no way to know how they reach their conclusions. AI systems are expected to impact society, especially the job market, and could increase inequalities. To counter the abuse of probabilistic prediction and the risks to privacy, in April 2016 the European Parliament and the Council of the EU adopted the General Data Protection Regulation. The European Parliament also requested an update of the Union legal framework on robotics and AI in February 2017.

CHILDREN ON THE MOVE: A PRIVATE INTERNATIONAL LAW PERSPECTIVE

13-06-2017

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, will be presented during a Workshop dedicated to potential and challenges of private international law in the current migratory context. The child’s best interests are a primary consideration under international and EU law. EU migration and private international law frameworks regulate child protection, but in an uncoordinated way: the Dublin ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, will be presented during a Workshop dedicated to potential and challenges of private international law in the current migratory context. The child’s best interests are a primary consideration under international and EU law. EU migration and private international law frameworks regulate child protection, but in an uncoordinated way: the Dublin III and Brussels IIa Regulations are neither aligned nor applied coherently. This should change. In particular, the rules and mechanisms of Brussels IIa should be used to enhance the protection of migrant children. These include rules on jurisdiction to take protective measures, on applicable law, and on recognition and enforcement of protective measures, and mechanisms for cross-border cooperation between authorities.

Externe Autor

Sabine Corneloup; Bettina Heiderhoff; Costanza Honorati; Fabienne Jault-Seseke; Thalia Kruger; Caroline Rupp; Hans van Loon; Jinske Verhellen

Private international law in a context of increasing international mobility: challenges and potential

12-06-2017

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, will be presented during a Workshop dedicated to potential and challenges of private international law in the current migratory context. While Private International Law governs private relations between persons coming from or living in different States, migration law regulates the flow of people between States. The demarcation between these ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, will be presented during a Workshop dedicated to potential and challenges of private international law in the current migratory context. While Private International Law governs private relations between persons coming from or living in different States, migration law regulates the flow of people between States. The demarcation between these two areas of law seems clear, but in practice it is not. Rights related to migration are often linked to private relations (marriage, parentage) or personal status (age). The EU should have a coherent approach in these areas, both internally and in relations with third States. Authorities active in the different areas must coordinate their work.

Externe Autor

Sabine Corneloup (coordinator), Professor at the University Paris II Panthéon-Assas, France, member of TEE Bettina Heiderhoff, Professor at the University of Münster, member of TEE Costanza Honorati, Professor at the University of Milano-Bicocca, member of TEE Fabienne Jault-Seseke (coordinator), Professor at the University of Versailles Saint-Quentin, France, member of TEE, member of GEDIP Thalia Kruger, Professor at the University of Antwerp, Belgium, member of TEE Caroline Rupp, Junior Professor at the Julius-Maximilians-University Würzburg, Germany, member of TEE Hans van Loon, Former Secretary General of the Hague Conference on Private International Law, member of GEDIP Jinske Verhellen (coordinator), Professor at the Ghent University, Belgium, member of TEE

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.

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