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European Border and Coast Guard: False and authentic documents online (FADO) system

05-02-2020

In 2018, the Commission adopted a proposal for a new regulation on the European Border and Coast Guard (EBCG). Among many other elements, the proposal envisaged integrating the False and Authentic Documents Online (FADO) system into the EBCG framework. The co-legislators have already adopted the new EBCG Regulation, but decided to adopt a separate legal act to settle the legal framework of the FADO system. Parliament is expected to vote on the agreement negotiated with Council during the February ...

In 2018, the Commission adopted a proposal for a new regulation on the European Border and Coast Guard (EBCG). Among many other elements, the proposal envisaged integrating the False and Authentic Documents Online (FADO) system into the EBCG framework. The co-legislators have already adopted the new EBCG Regulation, but decided to adopt a separate legal act to settle the legal framework of the FADO system. Parliament is expected to vote on the agreement negotiated with Council during the February 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.

Awtur estern

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.

Awtur estern

François Trémosa, notary in Toulouse, France

Easier acceptance of public documents

02-06-2016

In May, the European Parliament is due to vote on a proposal for a regulation on promoting the free movement of citizens and businesses by simplifying the requirements for presenting certain public documents issued by another Member State. The proposal, one of the key initiatives presented by the Commission during the European Year of Citizens in 2013, is also intended to contribute to the European Union's ‘Justice for growth’ policy.

In May, the European Parliament is due to vote on a proposal for a regulation on promoting the free movement of citizens and businesses by simplifying the requirements for presenting certain public documents issued by another Member State. The proposal, one of the key initiatives presented by the Commission during the European Year of Citizens in 2013, is also intended to contribute to the European Union's ‘Justice for growth’ policy.

Freedom of movement for EU public documents

30-01-2014

Around 2.5% of the EU population is resident in a Member State (MS) other than that of their origin. In the past decade, increasing numbers of EU citizens have taken advantage of free movement within the internal market, wishing to live, work or study in another MS. However, according to the European Commission, this freedom may be curtailed in practice by the need for European citizens and legal persons to have the host State recognise public documents and certificates from their State of origin ...

Around 2.5% of the EU population is resident in a Member State (MS) other than that of their origin. In the past decade, increasing numbers of EU citizens have taken advantage of free movement within the internal market, wishing to live, work or study in another MS. However, according to the European Commission, this freedom may be curtailed in practice by the need for European citizens and legal persons to have the host State recognise public documents and certificates from their State of origin. For example, problems are experienced in cases related to driving licences, accessing social services or tax benefits, avoiding double taxation, looking for a job, and getting married or divorced.

Simplifying the Acceptance of Certain Public Documents in the EU: Initial Appraisal of the Commission's Impact Assessment

15-01-2014

This note seeks to provide an initial analysis of the European Commission's Impact Assessment (IA) accompanying its proposal for a Regulation of the European Parliament and of the Council on promoting the free movement of citizens and businesses by simplifying the acceptance of certain public documents in the European Union and amending Regulation (EU) 1024/2012 (COM (2013) 228), which was submitted in April 2013. It analyses whether the principal criteria laid down in the Commission’s own Impact ...

This note seeks to provide an initial analysis of the European Commission's Impact Assessment (IA) accompanying its proposal for a Regulation of the European Parliament and of the Council on promoting the free movement of citizens and businesses by simplifying the acceptance of certain public documents in the European Union and amending Regulation (EU) 1024/2012 (COM (2013) 228), which was submitted in April 2013. It analyses whether the principal criteria laid down in the Commission’s own Impact Assessment Guidelines, as well as additional factors identified by the Parliament in its Impact Assessment Handbook, appear to be met by the IA. It does not attempt to deal with the substance of the proposal.

Promoting Free Movement in the EU by Simplifying the Acceptance of Public Documents: Cost of Non-Europe Report

16-12-2013

Cost of Non Europe Reports are intended to evaluate the possibilities for gains and the realisation of a ‘public good’ through common action at EU level in specific policy areas and sectors. In particular, this study analyses the cost for citizens and businesses of the formalities which are currently necessary in order to make certain public documents acceptable in different Member States. The study concludes that the abolition of legalisation and Apostille, the simplified certification of copies ...

Cost of Non Europe Reports are intended to evaluate the possibilities for gains and the realisation of a ‘public good’ through common action at EU level in specific policy areas and sectors. In particular, this study analyses the cost for citizens and businesses of the formalities which are currently necessary in order to make certain public documents acceptable in different Member States. The study concludes that the abolition of legalisation and Apostille, the simplified certification of copies and translations, the establishment of multilingual forms in all official languages concerning birth, death, marriage, registered partnership, and legal status and representation of a company would greatly reduce the current costs associated with authenticating national public documents. Citizens and businesses would be able to more freely exercise their right of free movement and freedom of establishment in another Member State without facing disproportionate obstacles.

Awtur estern

ICF GHK

Free movement of public documents

19-06-2013

The numbers of Europeans working, studying or living in another Member State has grown to over 12 million. As part of daily life they are often required to present formal documents in one Member State which have been issued in another. In most cases, these documents are not accepted automatically but must undergo a process of authentication which can be both time consuming and costly.  The traditional method of authentication, known as ""legalisation"", which involved a series of separate checks ...

The numbers of Europeans working, studying or living in another Member State has grown to over 12 million. As part of daily life they are often required to present formal documents in one Member State which have been issued in another. In most cases, these documents are not accepted automatically but must undergo a process of authentication which can be both time consuming and costly.  The traditional method of authentication, known as ""legalisation"", which involved a series of separate checks has been largely replaced by the streamlined process of Apostille. However this process only reduces administrative burden and does not remove it. Some provisions of EU law have attempted to address this burden but only on a sectoral basis. No horizontal measure currently exists. The Commission has been aiming to address the issue for several years. Following a 2011 consultation, a proposal for a regulation was published in 2013 which would remove both legalisation and Apostille formalities within the EU.

Re-use of public sector information

06-06-2013

The EU public sector information (PSI) market for digital content products and services was estimated to be worth €28 billion in 2008. Opening up greater access had the potential to add €40 billion per annum of further revenue. The proposed revision to the first PSI directive aims to correct differences arising among Member States, improve access and ensure the effective cross-border use of public sector data.

The EU public sector information (PSI) market for digital content products and services was estimated to be worth €28 billion in 2008. Opening up greater access had the potential to add €40 billion per annum of further revenue. The proposed revision to the first PSI directive aims to correct differences arising among Member States, improve access and ensure the effective cross-border use of public sector data.

Recognition and registration of civil status documents in cross-border cases

30-11-2010

The right of every citizen of the Union to move and reside freely within the territory of the Member States, as laid down by Article 21 of the Treaty on the Functioning of the European Union, implies the right to have their civil identity recognised, i.e., in legal terms, to have their status recognised, as formalised by civil status documents. This firstly means that citizens must be able to easily prove their civil status when exercising their right of movement. Secondly, they must be able to have ...

The right of every citizen of the Union to move and reside freely within the territory of the Member States, as laid down by Article 21 of the Treaty on the Functioning of the European Union, implies the right to have their civil identity recognised, i.e., in legal terms, to have their status recognised, as formalised by civil status documents. This firstly means that citizens must be able to easily prove their civil status when exercising their right of movement. Secondly, they must be able to have their civil status events occurring abroad registered in civil status registers. Finally, this status must itself be recognised. The aim of this note is to review these three problematic areas and indicate, for each one, the solutions envisaged by the International Commission on Civil Status, in which the European Union could participate under terms to be defined.

Awtur estern

Paul Lagarde, Professor, Universität Paris I

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