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The Council of the European Union has authorised the European Commission to represent the EU and its Member States at the intergovernmental talks at the United Nations Commission on International Trade Law (UNCITRAL), with a view to reforming the existing investor-state dispute settlement (ISDS) system. The latter provides a procedural framework for disputes between international investors and hosting states, and relies on arbitration procedures. However, there have been growing concerns among states ...

The December plenary session was marked by the terrorist attack that took place in Strasbourg on 11 December. Members had that very day debated the report of Parliament's Special Committee on Terrorism, concluding its year's work. The December plenary session also featured debates on the preparations for the same week's European Council and Euro Summit meetings, as well as on the future of Europe, with Nicos Anastasiades, President of Cyprus. Parliament awarded the 2018 Sakharov Prize for freedom ...

The EU legal services market is the second largest in the world. Commercial, business to business (B2B) litigation is one of the largest segments of the legal services market. The EU measures on choice of law, choice of forum and enforcement proved to be successful in supporting EU competitiveness. However, to enhance competitiveness of the EU litigation market and ensure further growth, a set of EU measures to simplify and expedite settlement of commercial disputes is needed. The EU measures should ...

Mediation Directive 2008/52/EC

En bref 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.

Cette étude, commandée par le département thématique des droits des citoyens et des affaires constitutionnelles du Parlement européen à la demande de la commission des affaires juridiques, vise à évaluer la situation actuelle du recours collectif aux niveaux national et européen, à évaluer l’opportunité d’une intervention européenne en la matière et à fournir au Parlement européen des recommandations concrètes. Tant l’évaluation que les recommandations ont été élaborées en gardant à l’esprit la question ...

Negotiations on an EU-Japan trade agreement were officially launched in March 2013. Following the political agreement in principle reached in July 2017, a final accord on the EU-Japan Economic Partnership Agreement (EPA) was announced in December 2017. On 18 April 2018, the European Commission proposed to the Council of the European Union to sign and conclude the agreement. The Commission expects that the EU-Japan EPA can be signed in July 2018, and aims to have the agreement come into effect before ...

The EU-Canada Comprehensive Economic and Trade Agreement (CETA), signed in October 2016, is currently at the ratification stage. This agreement, concluded between like-minded trade partners, represents the new generation of EU free trade agreements (FTAs), and contains chapters covering sustainable development. The inclusion by the EU of sustainable development chapters in FTAs concluded with its partners plays a role in ensuring that trade and investment liberalisation does not lead to a deterioration ...

A new web-based platform, which became available on 15 February 2016 in all EU languages, will provide an easy, fast and inexpensive way to assist in resolving disputes between online buyers and traders. The platform is managed by the European Commission. Please click here for the full publication in PDF format

La libre circulation des décisions dans l'espace européen de la justice suppose un degré élevé de confiance réciproque entre les autorités judiciaires des États membres. Du point de vue des citoyens, le plus important est de trouver un équilibre entre les droits fondamentaux des requérants et ceux des défendeurs, c'est-à-dire entre le droit d'accès à la justice (droit d'intenter une action) et les droits de la défense. Il y a diverses façons de construire cette confiance réciproque entre les autorités ...

The European Small Claims Procedure (ESCP) became operational on 1 January 2009, as a special, EU-wide procedure available both to consumers and traders for pursuing cross-border claims within the Internal Market of a value not exceeding €2 000. During the first five years of its existence, however, the ESCP has been used only rarely. In 2013, the Commission proposed to amend the ESCP Regulation, to raise the ceiling for claims to €10 000, expand the definition of a 'cross-border case', increase ...