11

resultat

Ord
Publikationstyp
Politikområde
Författare
Datum

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.

COLLECTIVE REDRESS IN THE MEMBER STATES OF THE EUROPEAN UNION

03-10-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, aims to assess the current state of play of collective redress at national and European levels, evaluate the opportunity of a European intervention in the matter and provide the European Parliament with concrete recommendations. Both the assessment and the recommendations have been drafted keeping in mind the essential issue raised ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, aims to assess the current state of play of collective redress at national and European levels, evaluate the opportunity of a European intervention in the matter and provide the European Parliament with concrete recommendations. Both the assessment and the recommendations have been drafted keeping in mind the essential issue raised by collective redress: access to justice. This principle, which is essential in a Union enforcing the rule of law, is currently challenged by the existing divergences. As such the creation of harmonised collective redress mechanism is becoming an increasingly pressing matter.

Extern avdelning

Rafael AMARO, Associate Professor at the University Paris-Descartes, France Maria José AZAR-BAUD, Associate Professor at Paris-Sud University, France Sabine CORNELOUP, Professor at the University Paris II Panthéon-Assas, France Bénédicte FAUVARQUE-COSSON, Professor at the University Paris II Panthéon-Assas, France Fabienne JAULT-SESEKE, Professor at the University of Versailles-Saint-Quentin-en-Yvelines, France

International Agreements in Progress - EU-Japan trade agreement: a driver for closer cooperation beyond trade

09-07-2018

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 ...

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 end of its mandate in 2019, following approval by the Council and the European Parliament. The EU-Japan EPA will establish a free trade area with a combined market of around 640 million consumers that accounts for roughly a third of the world's gross domestic product (GDP). The 2016 Trade Sustainability Impact Assessment (Trade SIA) of the agreement indicated that EU exports to Japan could rise by up to 34 %, and according to a more recent Commission estimate, European companies would save up to €1 billion in customs duties per year as a result of the EU-Japan EPA. In addition to exploiting the untapped potential of bilateral trade, the agreement is also of strategic importance, conveying a strong message of the parties' commitment to promoting a free and fair trading system based on rules, and to reject trade protectionism. [Second] edition. The 'International Agreements in Progress' briefings are updated at key stages throughout the process, from initial discussions through to ratification. To view earlier editions of this briefing, please see: PE 589.828, 7 october 2016.

Trade and sustainable development chapters in CETA

20-01-2017

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 ...

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 in environmental and labour conditions. In keeping with this trade policy practice, developed over the years, trade-related sustainability provisions, including labour and environmental considerations, are grouped in three chapters (Chapters 22 to 24) within CETA. CETA has only partially exceeded the dialogue-only approach contained in earlier EU trade agreements and has maintained the exclusion of trade and sustainable development (TSD) chapters from the scope of the state-to-state dispute settlement (SSDS) procedure. It also maintains an ad hoc two-stage dispute resolution mechanism already found in the EU-South Korea FTA. However, this mechanism does not include sanctions and focuses on mutually agreed solutions to problems. This choice by the EU is due to the still strongly cooperative nature of the TSD chapters. On CETA please refer also to the 'International Agreements in Progress' briefing on the Comprehensive Economic and Trade Agreement with Canada by Wilhelm Schöllmann.

New EU-wide online dispute resolution platform

16-02-2016

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

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

Europeanisation of civil procedure: Towards common minimum standards?

11-06-2015

The free movement of judgments in the European Area of Justice presupposes a high level of mutual trust between the judiciaries of the Member States. From the citizens' perspective, the key issue is the balancing of the fundamental rights of claimants and defendants, i.e. the right of access to justice (to pursue a claim) and the rights of the defence. Mutual trust in judiciaries can be built in various ways. First of all, through the creation of uniform European procedures in the form of optional ...

The free movement of judgments in the European Area of Justice presupposes a high level of mutual trust between the judiciaries of the Member States. From the citizens' perspective, the key issue is the balancing of the fundamental rights of claimants and defendants, i.e. the right of access to justice (to pursue a claim) and the rights of the defence. Mutual trust in judiciaries can be built in various ways. First of all, through the creation of uniform European procedures in the form of optional instruments, which lead to the pronouncement of judgments on the basis of common rules of procedure. Secondly, sector-specific harmonisation of procedural law is possible, addressing civil procedure in the context of other policy areas, such as intellectual property, competition law or consumer protection. Thirdly, horizontal harmonisation of civil procedure by way of directives is also possible. Up to now, only selected and rather narrow areas of civil procedure have been addressed in this manner. However, a more ambitious project has been launched by the European Law Institute (ELI) in collaboration with the International Institute for the Unification of Private Law (Unidroit), aimed at elaborating European rules of civil procedure. These rules, once finalised, could be the basis of a future directive on minimum standards of civil procedure in the EU.

Reform of the European Small Claims Procedure

20-05-2015

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 ...

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 the use of electronic communication, introduce a ceiling on court fees (10% of the claim's value) and oblige Member States to accept payment of court fees in electronic form. In April 2015, Parliament's Legal Affairs Committee adopted its report. It proposes to rename the procedure the 'European Simplified Procedure' and raise the ceiling for claims to €5 000 against natural persons, and €10 000 against legal persons. It is against weakening the cross-border requirement, but would allow claims under labour law and privacy law to be included in the regulation. The Committee would also lower the ceiling for court fees from 10% to 5% of the claim's value. A more recent edition of this document is available. Find it by searching by the document title at this address: http://www.europarl.europa.eu/thinktank/en/home.html

Cross-Border Activities in the EU - Making Life Easier for Citizens

16-02-2015

Compendium of notes distributed on the workshop on "Civil aw and justice forum", held on 26 February 2015 in Brussels.

Compendium of notes distributed on the workshop on "Civil aw and justice forum", held on 26 February 2015 in Brussels.

Extern avdelning

Giesela Rühl (Jena Universtity), Jan von Hein (Freiburg University), Pierre Callé (Paris Sud University, Paris XI), Michael P. Clancy (The Society of Scotland, UK), Christiane Wendehorst (Vienna University), Kurt Lechner (Notary Chamber of Palatinate, Germany), Eva Põtter (Estonian Chamber of Notaries), Paul Lagarde (Université Paris I, Panthéon-Sorbonne, Harm Schepel (Brussels School of International studies), Pablo Cortés (University of Leicester), Giuseppe De Palo (ADR Center Srl) and Gottfried Musger (Austrian Supreme Court - OGH)

'Rebooting' the Mediation Directive: Assessing the Limited Impact of its Implementation and Proposing Measures to Increase the Number of Mediations in the EU

15-01-2014

Five and a half years since its adoption, the Mediation Directive (2008/52/EC) has not yet solved the ‘EU Mediation Paradox’. Despite its proven and multiple benefits, mediation in civil and commercial matters is still used in less than 1% of the cases in the EU. This study, which solicited the views of up to 816 experts from all over Europe, clearly shows that this disappointing performance results from weak promediation policies, whether legislative or promotional, in almost all of the 28 Member ...

Five and a half years since its adoption, the Mediation Directive (2008/52/EC) has not yet solved the ‘EU Mediation Paradox’. Despite its proven and multiple benefits, mediation in civil and commercial matters is still used in less than 1% of the cases in the EU. This study, which solicited the views of up to 816 experts from all over Europe, clearly shows that this disappointing performance results from weak promediation policies, whether legislative or promotional, in almost all of the 28 Member States. The experts strongly supported a number of proposed nonlegislative measures that could promote mediation development. But more fundamentally, the majority view of these experts suggests that introducing a ‘mitigated’ form of mandatory mediation may be the only way to make mediation eventually happens in the EU. The study therefore proposes two ways to “reboot” the Mediation Directive: amend it, or, based on the current wording of its Article 1, request that each Member State commit to, and reach, a simple “balanced relationship target number” between civil litigation and mediation.

Extern avdelning

Giuseppe De Palo (ADR Center - Member of JAMS International , Hamline University School of Law), Leonardo D’Urso (ADR Center - Member of JAMS International), Mary Trevor (Hamline University School of Law), Bryan Branon (ADR Center - Member of JAMS International), Romina Canessa (ADR Center - Member of JAMS International), Beverly Cawyer (ADR Center - Member of JAMS International) and L. Reagan Florence (ADR Center - Member of JAMS International)

Single Market Act: 12 priorities

21-10-2011

New impetus for the EU single market has come via the twelve priority projects contained in the European Commission's April 2011 Single Market Act communication. The intention is that the EP and Council will have adopted the legislation by the end of 2012.

New impetus for the EU single market has come via the twelve priority projects contained in the European Commission's April 2011 Single Market Act communication. The intention is that the EP and Council will have adopted the legislation by the end of 2012.

Kommande evenemang

20-11-2019
Europe's Future: Where next for EU institutional Reform?
Övrigt -
EPRS

Partner

Håll dig informerad

email update imageE-postuppdateringar

Du kan följa vem eller vad som helst som har med parlamentet att göra med hjälp av systemet med e-postuppdateringar, som ger dig uppdateringar direkt till din inbox. Bl.a. kan du få senaste nytt från ledamöterna, nyhetstjänsterna eller Think Tank.

Du kommer åt systemet från alla sidor på parlamentets webbplats. Vill du anmäla dig och börja ta emot uppdateringarna från Think Tank anger du bara din e-post, vad du är intresserad av och hur ofta du vill få notiserna (varje dag, vecka eller månad) och bekräftar sedan genom att klicka på den länk som skickas till dig i bekräftelsemejlet.

RSS imageRSS-flöden

Följ alla nyheter och uppdateringar på Europaparlamentets webbplats med våra RSS-flöden.

Klicka på länken nedan för att konfigurera dina flöden.