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Expedited settlement of commercial disputes in the European Union

05-12-2018

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 ...

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 focus on the enhancement of procedural efficiency, among other things, by taking action to reduce length of procedure. The 2018 European Added Value Assessment (EAVA) suggests that the EU actions to expedite settlement of commercial disputes could generate European added value for the EU economy and businesses in the range of 4.6 to 5.7 billion EUR annually. The European added value can be created through increase in direct contribution of litigation services revenues to the EU economy and through reduction of opportunity costs to business associated with length of judicial proceedings.

An EU intellectual property policy to boost innovation

03-04-2018

Intellectual property (IP) lies at the heart of innovation and competitiveness around the world as well as in the European Union, and intellectual property rights (IPRs) are protected mainly through patents, trade marks and copyright. IPRs enable individuals and companies to earn recognition and/or financial benefit from what they invent or create. By striking the right balance between innovators and public interest, IP aims to foster an environment in which creativity and innovation can flourish ...

Intellectual property (IP) lies at the heart of innovation and competitiveness around the world as well as in the European Union, and intellectual property rights (IPRs) are protected mainly through patents, trade marks and copyright. IPRs enable individuals and companies to earn recognition and/or financial benefit from what they invent or create. By striking the right balance between innovators and public interest, IP aims to foster an environment in which creativity and innovation can flourish. The EU has shaped a framework that defines and protects innovations and creations through IP. This framework mainly comprises of directives and regulations protecting copyright, trade marks, patents, designs and geographical indications.

In Pursuit of an International Investment Court. Recently Negotiated Investment Chapters in EU Comprehensive Free Trade Agreements in Comparative Perspective

04-07-2017

The study compares the revised and signed text of the Comprehensive Economic and Trade Agreement (CETA) with the EU-Vietnam Free Trade Agreement (EUVFTA) and the EU Singapore Free Trade Agreement (EUSFTA) in respect of important procedural aspects relating to investor State dispute settlement. The findings are juxtaposed to the procedural rules governing the preliminary reference procedure and direct action (action for annulment) before the Court of Justice of the European Union as well as the individual ...

The study compares the revised and signed text of the Comprehensive Economic and Trade Agreement (CETA) with the EU-Vietnam Free Trade Agreement (EUVFTA) and the EU Singapore Free Trade Agreement (EUSFTA) in respect of important procedural aspects relating to investor State dispute settlement. The findings are juxtaposed to the procedural rules governing the preliminary reference procedure and direct action (action for annulment) before the Court of Justice of the European Union as well as the individual application before the European Court of Human Rights. In doing so, it provides a tool and manual to evaluate the EU’s todays and future progress in reforming the international investment law regime. By outlining key features of the procedural frameworks governing two international courts, some ‘tried and tested’ concepts as source of inspiration for the possible design of a ‘multilateral investment court’ might be found.

Autore esterno

Prof. Dr. Steffen HINDELANG, LL.M., Department of Law, Freie Universität Berlin, Germany and Ass. iur. Teoman M. HAGEMEYER, Dipl. iur. oec., Ph.D. candidate at the Department of Law, Freie Universität Berlin, Germany

Combating sexual abuse of children Directive 2011/93/EU

11-04-2017

This European implementation assessment analyses the implementation of Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography. This study, written in-house, focuses on the following areas: prevention, identification of victims, investigation and prosecution, and assistance and protection for victims. It begins with a contextualisation of the directive and presents the provisions of the EU legal framework. The assessment highlights a number of ...

This European implementation assessment analyses the implementation of Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography. This study, written in-house, focuses on the following areas: prevention, identification of victims, investigation and prosecution, and assistance and protection for victims. It begins with a contextualisation of the directive and presents the provisions of the EU legal framework. The assessment highlights a number of outstanding challenges, in particular in prevention of child sexual abuse, where research shows inadequate implementation of the directive. The assessment then examines the issue of identification of child victims and finds several shortcomings, including how victims’ disclosures are dealt with. The last section of the assessment focuses on the investigative and judicial proceedings phase, where necessary improvements in the application of child-friendly justice are underlined.

Il ruolo delle Corti Costituzionali in un sistema di governo multilivello - Unione Europea: La Corte di Giustizia dell’UE

30-11-2016

Lo studio si propone di analizzare il ruolo e le competenze attribuite alla Corte di giustizia dell’Unione europea dai trattati istitutivi, dallo Statuto e dai regolamenti di procedura. Particolare attenzione sarà rivolta alle funzioni svolte dalla Corte nel dirimere le controversie fra istituzioni, fra Stati membri o fra questi ultimi e le istituzioni dell’Unione europea in un sistema di governo multilivello, nell’intento di agevolare la comparazione rispetto alle competenze attribuite alle Corti ...

Lo studio si propone di analizzare il ruolo e le competenze attribuite alla Corte di giustizia dell’Unione europea dai trattati istitutivi, dallo Statuto e dai regolamenti di procedura. Particolare attenzione sarà rivolta alle funzioni svolte dalla Corte nel dirimere le controversie fra istituzioni, fra Stati membri o fra questi ultimi e le istituzioni dell’Unione europea in un sistema di governo multilivello, nell’intento di agevolare la comparazione rispetto alle competenze attribuite alle Corti costituzionali degli Stati membri. Questa relazione è stata redatta da uno dei relatori al Convegno su "Il Ruolo delle Corti Costituzionali nella governance multilivello", organizzato dall' Unità Biblioteca di diritto comparato del Servizio Ricerca del Parlamento europeo il 18 novembre 2016.

Autore esterno

DG, EPRS; EPRS, DG

What if we could make ourselves invisible to others?

21-06-2016

Through developments in the field of metamaterials, we may be able to create products with surprising capabilities, from making DNA visible to making buildings invisible, but have we considered the risks, as well as the benefits?

Through developments in the field of metamaterials, we may be able to create products with surprising capabilities, from making DNA visible to making buildings invisible, but have we considered the risks, as well as the benefits?

Brussels IIa: Towards a Review (2) - Main Recommendations from External Experts to the European Parliament

08-06-2016

Applied since 2005 in all EU Member States except Denmark, Council Regulation (EC) No 2201/2003 (‘Brussels IIa’), has raised concerns among citizens, practitioners and academics. The European Parliament has received many recommendations for amendments from experts commissioned by the Policy Department for Citizen’s Rights and Constitutional Affairs. This briefing note presents a reasoned summary of these recommendations in view of the consultation of the EP on the recently published European Commission ...

Applied since 2005 in all EU Member States except Denmark, Council Regulation (EC) No 2201/2003 (‘Brussels IIa’), has raised concerns among citizens, practitioners and academics. The European Parliament has received many recommendations for amendments from experts commissioned by the Policy Department for Citizen’s Rights and Constitutional Affairs. This briefing note presents a reasoned summary of these recommendations in view of the consultation of the EP on the recently published European Commission “Proposal for a Council Regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast)”. The recommendations do not represent the views of the European Parliament or the Policy Department, nor can they prejudge the position of the European Parliament.

Cross-Border Restitution Claims of Art Looted in Armed Conflicts and Wars and Alternatives to Court Litigations

19-05-2016

This study was commissioned and supervised by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee. Restitution of art looted during past and present armed conflicts is a major issue for our societies. Claiming restitution before courts – often in foreign States – has proven to be difficult. That is why parties turn more and more to dispute resolution means alternative to court litigation. This study examines the legal difficulties ...

This study was commissioned and supervised by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee. Restitution of art looted during past and present armed conflicts is a major issue for our societies. Claiming restitution before courts – often in foreign States – has proven to be difficult. That is why parties turn more and more to dispute resolution means alternative to court litigation. This study examines the legal difficulties related to art restitution claims and proposes policy recommendations for States and EU institutions to overcome these difficulties and seek to achieve just and fair solutions.

Autore esterno

Marc-André RENOLD

Adoption without Consent - Update 2016

12-05-2016

This study – commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Petitions – examines the law and practice in England in relation to adoption without parental consent, in comparison to other jurisdictions within the European Union, including on the basis of petitions submitted to the European Parliament on the matter. It further details the procedures followed by the English courts in relation to child protection ...

This study – commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Petitions – examines the law and practice in England in relation to adoption without parental consent, in comparison to other jurisdictions within the European Union, including on the basis of petitions submitted to the European Parliament on the matter. It further details the procedures followed by the English courts in relation to child protection proceedings involving a child who has a connection to another EU Member State, and gives recommendations for cooperation between States in future proceedings. The study concludes that while other EU Member States have mechanisms for permitting adoption without parental consent in specific circumstances, few appear to exercise this power to the extent to which the English authorities do. Still, the lack of comparative statistical data on when this is used, how frequently, and by whom, precludes clear-cut conclusions, calling for more data and research to be carried out.

Autore esterno

Claire FENTON-GLYNN (University of Cambridge, the UK)

Protezione dei segreti commerciali delle imprese

05-04-2016

Il 15 dicembre 2015, i negoziatori del Parlamento e del Consiglio hanno conseguito un accordo provvisorio su una nuova direttiva dell'UE intesa a stabilire norme comuni per la protezione dei segreti commerciali e delle informazioni confidenziali nell'Unione europea. Il 28 gennaio 2016, la commissione giuridica (relatore Le Grip, PPE, Francia) ha approvato il testo concordato, che deve ora essere sottoposto alla votazione del Parlamento nel suo complesso.

Il 15 dicembre 2015, i negoziatori del Parlamento e del Consiglio hanno conseguito un accordo provvisorio su una nuova direttiva dell'UE intesa a stabilire norme comuni per la protezione dei segreti commerciali e delle informazioni confidenziali nell'Unione europea. Il 28 gennaio 2016, la commissione giuridica (relatore Le Grip, PPE, Francia) ha approvato il testo concordato, che deve ora essere sottoposto alla votazione del Parlamento nel suo complesso.

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