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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.

Reform of the Service of Documents Regulation

14-06-2019

In May 2018, the Commission put forward a proposal for amending the existing Regulation on Cross-border Service of Documents in civil proceedings. The proposal aims, above all, to replace the existing mechanisms of paper transmission with an electronic system. National information technology (IT) systems would be connected into one network, and the use of paper transmission would become an exception, available only in the event of a failure of the electronic system. Within Parliament, a draft report ...

In May 2018, the Commission put forward a proposal for amending the existing Regulation on Cross-border Service of Documents in civil proceedings. The proposal aims, above all, to replace the existing mechanisms of paper transmission with an electronic system. National information technology (IT) systems would be connected into one network, and the use of paper transmission would become an exception, available only in the event of a failure of the electronic system. Within Parliament, a draft report was prepared by the Legal Affairs Committee in October 2018, and in February 2019, the institution adopted its first-reading position on the proposal. Within Council, following an exchange of views between delegations and work at technical level, a policy debate is envisaged. Once Council reaches a general approach, trilogue negotiations will be able to start.

Expedited settlement of commercial disputes

05-12-2018

The value of cross-border civil litigation is estimated at €7.7 billion annually. However, enforcing cross-border commercial contracts in national courts is cumbersome due to often protracted civil proceedings and divergences in national procedural rules. The Legal Affairs Committee suggests to remedy this by creating a European expedited civil procedure, and possibly even establishing a European commercial court. The committee’s legislative-initiative report is due to be debated during the December ...

The value of cross-border civil litigation is estimated at €7.7 billion annually. However, enforcing cross-border commercial contracts in national courts is cumbersome due to often protracted civil proceedings and divergences in national procedural rules. The Legal Affairs Committee suggests to remedy this by creating a European expedited civil procedure, and possibly even establishing a European commercial court. The committee’s legislative-initiative report is due to be debated during the December plenary session.

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.

Ulkopuolinen laatija

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

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.

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.

Cross-border recognition of adoptions

30-11-2016

The European Added Value Assessment (EAVA) presents a qualitative analysis of possible policy options and quantitative estimates on the possible additional value of taking legislative action on the EU level related to cross-border recognition of adoptions.The EAVA identifies economic and social costs, and notably the costs related to the incomplete protection of rights of mobile EU citizens, which are born as a result of the absence of regulation on automatic recognition of adoption decisions at ...

The European Added Value Assessment (EAVA) presents a qualitative analysis of possible policy options and quantitative estimates on the possible additional value of taking legislative action on the EU level related to cross-border recognition of adoptions.The EAVA identifies economic and social costs, and notably the costs related to the incomplete protection of rights of mobile EU citizens, which are born as a result of the absence of regulation on automatic recognition of adoption decisions at the EU level. The substantive scope of the EAVA is limited to the issues related to the recognition of adoptions in EU Member States. The substantive family law issues, as well as issues related to the recognition of convention adoptions, within the meaning of the 1993 Hague Convention on Intercountry adoptions, are not covered in this assessment.  

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.

Ulkopuolinen laatija

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

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