Meklēt
Law applicable to the third-party effects of assignments of claims
The assignment of a claim refers to a situation where a creditor (the assignor) transfers the right to claim a debt from the debtor to another person (the assignee) who then becomes a creditor vis-a-vis the debtor (replacing in this role the original creditor). This mechanism is used by companies to obtain liquidity and access credit. At the moment, there is no legal certainty as to which national law applies when determining who owns a claim after it has been assigned in a cross-border case. The ...
The United Kingdom's possible re-joining of the 2007 Lugano Convention
The 2007 Lugano Convention is an international treaty that regulates the free movement of court judgments in civil cases between the Member States of the EU, on one hand, and the three EFTA states (Switzerland, Norway and Iceland), on the other. The convention effectively extends the regime of quasi-automatic recognition and enforcement of judgments that was applicable between EU Member States at the time under the Brussels I Regulation (No 44/2001). Whereas the EU rules currently in force regulating ...
Council discharge by the European Parliament - Finding solutions
This study synthesises the main arguments behind the disagreement between the Parliament and the Council over the issue of whether the discharge procedure allows the Parliament to hold the Council to account concerning the management of its own administrative budget. It then examines the discharge procedure as an accountability mechanism and its impact on the EU legitimacy. It concludes that significant improvement is needed, regardless of which exit to the conflict is chosen. Four scenarios to break ...
Tiesu iestāžu sadarbība civillietās
Preču, pakalpojumu un kapitāla brīva aprite un personu brīva pārvietošanās pāri robežām pastāvīgi pieaug. Civillietās ar pārrobežu ietekmi Eiropas Savienība attīsta tiesību iestāžu sadarbību, veidojot saikni starp dažādām tiesu sistēmām. Galvenie mērķi ir tiesiskā noteiktība un viegla un efektīva tiesu iestāžu pieejamība, kas nozīmē vienkāršu kompetentās jurisdikcijas noteikšanu, skaidras norādes par piemērojamiem tiesību aktiem, kā arī ātras un efektīvas spriedumu atzīšanas un izpildes procedūras ...
Cross-Border Traffic Accidents in the EU - The Potential Impact of Driverless Cars
Commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI committee, this study provides an analysis of the potential legal impact of the introduction of connected and autonomous vehicles on rules of private international law determining jurisdiction and applicable law in the EU Member States in the event of a cross-border traffic accident. Following a case-studies approach, it makes a number of recommendations to improve ...
Cross-Border Restitution Claims of Art Looted in Armed Conflicts and Wars and Alternatives to Court Litigations
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 ...
Cross-Border Activities in the EU - Making Life Easier for Citizens
Compendium of notes distributed on the workshop on "Civil aw and justice forum", held on 26 February 2015 in Brussels.
EU jurisdiction rules applicable to employment
EU jurisdiction rules applicable to civil and commercial cases have recently been recast. However, the EP's Committee on Legal Affairs suggests that further changes could be made in order to enhance employee protection.
European small claims procedure: An opportunity for enhancing cross-border enforcement
Legislatures in some EU Member States (MS) have introduced special, simplified and accelerated tracks for small claims in legally uncomplicated cases. Those procedures vary both as regards the threshold and level of simplification. The Treaty of Amsterdam gave the EU powers to harmonise civil procedure. As part of that mandate, the EU has adopted a number of coordination instruments (regulating conflicts of jurisdiction and mutual recognition) and created two autonomous EU civil procedures, including ...
Regulation (EC) n. 650/2012 of July 2012 on jurisdiction, applicable law, recognition and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession
The newly adopted Regulation (EU) No 650/2012 is an ambitious instrument dealing exhaustively with every private international law aspects in regard to cross-border successions. The Regulation aims at harmonizing private international law rules so as to enable individuals to organize more efficiently and more rapidly their successions within the area of freedom, security and justice. The present paper addressed the main innovations, advantages and pitfalls of the new Regulation.