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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.

Autor extern

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

Cooperarea judiciară în materie civilă

01-03-2018

Circulația transfrontalieră liberă a bunurilor, serviciilor, capitalurilor și persoanelor înregistrează o creștere constantă. În materia civilă cu implicații transfrontaliere, Uniunea Europeană este în curs de a-și dezvolta cooperarea judiciară prin crearea de punți de legătură între sisteme juridice diferite. Obiectivele sale principale sunt securitatea juridică și un acces ușor și efectiv la justiție, ceea ce implică stabilirea competenței judiciare, indicarea clară a legislației aplicabile, precum ...

Circulația transfrontalieră liberă a bunurilor, serviciilor, capitalurilor și persoanelor înregistrează o creștere constantă. În materia civilă cu implicații transfrontaliere, Uniunea Europeană este în curs de a-și dezvolta cooperarea judiciară prin crearea de punți de legătură între sisteme juridice diferite. Obiectivele sale principale sunt securitatea juridică și un acces ușor și efectiv la justiție, ceea ce implică stabilirea competenței judiciare, indicarea clară a legislației aplicabile, precum și proceduri de recunoaștere și de punere în executare rapide și eficace.

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.

Autor extern

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.

Autor extern

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.

Consequences of Brexit in the Area of Consumer Protection

15-06-2017

TThis paper outlines the consequences of the United Kingdom’s withdrawal from the European Union in the area of consumer protection. It examines the withdrawal’s impact on consumer protection under different scenarios: a futire EEA membership of the UK (a); a relationship governed only by WTO rules; (c) a relationship governed by a “tailor-made agreement”. It comes to the conclusion that from the perspective of consumers in the EU28, an EEA membership of the UK is the most favourable scenario. Irrespective ...

TThis paper outlines the consequences of the United Kingdom’s withdrawal from the European Union in the area of consumer protection. It examines the withdrawal’s impact on consumer protection under different scenarios: a futire EEA membership of the UK (a); a relationship governed only by WTO rules; (c) a relationship governed by a “tailor-made agreement”. It comes to the conclusion that from the perspective of consumers in the EU28, an EEA membership of the UK is the most favourable scenario. Irrespective of the scenario, adequate transitory provisions taking into consideration the “two-step” negotiating schedule are necessary to resolve legal uncertainties occurring irrespective of the scenario. This document was prepared for Policy Department A at the request of the Committee on Internal Market and Consumer Protection.

Justice programme (2014-2020)

15-02-2017

The Justice programme aims at contributing to the development of the European area of justice based on mutual recognition of judicial decisions from the Member States and mutual trust between their national judiciaries. It promotes in particular judicial cooperation, judicial training, as well as effective access to justice in Europe, including rights of crime victims. The programme has been established by Regulation No 1382/2013 for the 2014-2020 period. All Member States except the United Kingdom ...

The Justice programme aims at contributing to the development of the European area of justice based on mutual recognition of judicial decisions from the Member States and mutual trust between their national judiciaries. It promotes in particular judicial cooperation, judicial training, as well as effective access to justice in Europe, including rights of crime victims. The programme has been established by Regulation No 1382/2013 for the 2014-2020 period. All Member States except the United Kingdom and Denmark participate.

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