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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.

Parlamendiväline autor

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

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.

Common minimum standards of civil proceedings

27-06-2017

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.

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.

Recasting the Brussels IIa Regulation - Workshop on 8 November 2016 - Compilation of Briefings

28-10-2016

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 ...

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 proceedings, mediation, cooperation between national judicial and central authorities, and suggest possible further improvements in these areas as well as in the field of jurisdiction over divorce and annulment of marriage, cooperation with third countries and international organisations, and training of judges.

Parlamendiväline autor

Ilaria PRETELLI; Christoph C. PAUL; Nicole GALLUS; Thalia KRUGER; Lukáš FRIDRICH; Annette C. OLLAND; Permanent Bureau of the Hague Conference on Private International Law; Alegría BORRÁS and Wojciech POSTULSKI

Rules on cross-border property regimes of spouses and registered partners

20-06-2016

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.

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

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 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 to family disuptes with a cross-border dimension, for instance when the family breaks up, and in particular in relation to children. The note includes a selected bibliography.

Europeanisation of civil procedure: Towards common minimum standards?

11-06-2015

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 ...

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 instruments, which lead to the pronouncement of judgments on the basis of common rules of procedure. Secondly, sector-specific harmonisation of procedural law is possible, addressing civil procedure in the context of other policy areas, such as intellectual property, competition law or consumer protection. Thirdly, horizontal harmonisation of civil procedure by way of directives is also possible. Up to now, only selected and rather narrow areas of civil procedure have been addressed in this manner. However, a more ambitious project has been launched by the European Law Institute (ELI) in collaboration with the International Institute for the Unification of Private Law (Unidroit), aimed at elaborating European rules of civil procedure. These rules, once finalised, could be the basis of a future directive on minimum standards of civil procedure in the EU.

Finalising reform of cross-border insolvency rules

11-05-2015

In February 2014, the Parliament adopted a legislative resolution on the Commission's 2012 proposal to reform the Insolvency Regulation. The Council adopted its first-reading position in March 2015, following trilogue negotiations. The Legal Affairs Committee now proposes the Parliament approves the agreed text in second reading.

In February 2014, the Parliament adopted a legislative resolution on the Commission's 2012 proposal to reform the Insolvency Regulation. The Council adopted its first-reading position in March 2015, following trilogue negotiations. The Legal Affairs Committee now proposes the Parliament approves the agreed text in second reading.

Child Maintenance Systems in EU Member States from a Gender Perspective

15-05-2014

Upon request by the FEMM Committee, this note gives an overview of the legislation and legal principles in the Member States concerning the guarantee of payment of child maintenance for the custodial parent by the other parent in case of separation or divorce. This guarantee can be regulated by law and can be put in place by a special body or agency. This note pays particular attention to differences between men and women in their roles for the financial support of children.

Upon request by the FEMM Committee, this note gives an overview of the legislation and legal principles in the Member States concerning the guarantee of payment of child maintenance for the custodial parent by the other parent in case of separation or divorce. This guarantee can be regulated by law and can be put in place by a special body or agency. This note pays particular attention to differences between men and women in their roles for the financial support of children.

Parlamendiväline autor

Karolina BEAUMONT and Peter MASON

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.

Parlamendiväline 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

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