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As the mobility of people in the EU's ageing societies increases, so does the need to protect a particular group – vulnerable adults. Because of an impairment or insufficiency in their personal faculties, these adults are unable to protect their interests and have to rely on support from others. While all EU Member States have established legal provisions and practices addressing these people's needs, they are highly divergent, for example, as regards powers of representation. Besides these national ...

The Committee on Legal Affairs is proposing that the European Parliament give its consent to EU accession to the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, concluded within the framework of the Hague Conference on Private International Law.

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 ...

The Council of the EU has authorised the European Commission to represent the EU and its Member States in the intergovernmental talks at the United Nations Commission on International Trade Law (UNCITRAL), with a view to reforming the existing investor-state dispute settlement (ISDS) system. The latter provides a procedural framework for disputes between international investors and host states in relation to international investment agreements, and relies on arbitration procedures. The system has ...

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, explores the possible legal scenarios of judicial cooperation between the EU and the UK at both the stage of the withdrawal and of the future relationship in the area of family law, covering the developments up until 5 October 2018. More specifically, it assesses the advantages and disadvantages of the various options for what should ...

Recast of the Brussels IIa Regulation

Em síntese 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.

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.

A cooperação judiciária em matéria civil

Fichas temáticas sobre a UE 01-04-2017

A livre circulação transfronteiras de bens, serviços, capital e pessoas está a aumentar constantemente. A União Europeia tem vindo a desenvolver uma cooperação judiciária em matéria civil com incidência transfronteiriça, estabelecendo pontes entre as diferentes ordens jurídicas. Os seus objetivos principais são a segurança jurídica e um acesso simples e eficaz à justiça, o que implica uma identificação fácil da jurisdição competente, uma indicação clara do direito aplicável, assim como procedimentos ...

Cooperação judiciária em matéria penal

Fichas temáticas sobre a UE 01-04-2017

A cooperação judiciária em matéria penal baseia-se no princípio do reconhecimento mútuo das sentenças e decisões judiciais e inclui medidas para aproximar as legislações dos Estados-Membros em diversos domínios. O Tratado de Lisboa passou a fornecer uma base mais forte para o desenvolvimento de um espaço de justiça penal, consagrando novos poderes para o Parlamento Europeu.

The workshop, organised by the Policy Department upon request by the JURI Committee, takes place while the European Parliament is consulted on the Commission proposal to recast the so-called “Brussels IIa” Regulation 2201/2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and the matters of parental responsibility. The briefings included in this compilation examine the main amendments proposed by the Commission as regards child abduction and return ...