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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.

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.

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.

THE HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW “JUDGMENTS CONVENTION”

16-04-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, provides an assessment of the ongoing work of the Hague Conference on the Judgments Convention. The analysis focuses on the November 2017 Draft Convention, its interplay with international and Union instruments in the field, as well as its potential future impact on the regulation of civil and commercial cross-border disputes.

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, provides an assessment of the ongoing work of the Hague Conference on the Judgments Convention. The analysis focuses on the November 2017 Draft Convention, its interplay with international and Union instruments in the field, as well as its potential future impact on the regulation of civil and commercial cross-border disputes.

Ulkopuolinen laatija

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

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.

The state of implementation of the EU Succession Regulation’s provisions on public policy’s exception, universal application and renvoi, the European Certificate of Succession and access to registers

20-11-2017

This briefing, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, provides an assessment of the state of implementation of the EU Regulation on cross-border succession with a view to determining whether it is fulfilling its goal of ensuring legal certainty, predictability and simplification for citizens. It focusses, in particular, on the provisions on public policy’s exception, universal application, renvoi and on the European Certificate ...

This briefing, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, provides an assessment of the state of implementation of the EU Regulation on cross-border succession with a view to determining whether it is fulfilling its goal of ensuring legal certainty, predictability and simplification for citizens. It focusses, in particular, on the provisions on public policy’s exception, universal application, renvoi and on the European Certificate of Succession.

Ulkopuolinen laatija

Isidoro Antonio Calvo Vidal, Civil Law Notary, Doctor in Law

The state of implementation of the EU Succession Regulation’s provisions on its scope, applicable law, freedom of choice, and parallelism between the law and the courts

20-11-2017

This briefing, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, provides an assessment of the state of implementation of the EU Regulation on cross-border succession with a view to determining whether it is fulfilling its goal of ensuring legal certainty, predictability and simplification for citizens. It focusses, in particular, on the provisions on the scope, applicable law, party autonomy and parallelism between forum and jus.

This briefing, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, provides an assessment of the state of implementation of the EU Regulation on cross-border succession with a view to determining whether it is fulfilling its goal of ensuring legal certainty, predictability and simplification for citizens. It focusses, in particular, on the provisions on the scope, applicable law, party autonomy and parallelism between forum and jus.

Ulkopuolinen laatija

François Trémosa, notary in Toulouse, France

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.

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.

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