11

αποτέλεσμα(ατα)

Λέξη (-εις)
Τύπος δημοσίευσης
Τομέας πολιτικής
Συντάκτης
Ημερομηνία

Law applicable to the third-party effects of assignments of claims

18-06-2018

The assignment of a claim refers to a situation where a creditor transfers the right to claim a debt to another person. This system 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 new rules proposed by the Commission clarify which law is applicable for the resolution of such disputes: as a general rule, the law of the country ...

The assignment of a claim refers to a situation where a creditor transfers the right to claim a debt to another person. This system 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 new rules proposed by the Commission clarify which law is applicable for the resolution of such disputes: as a general rule, the law of the country where assignors have their habitual residence applies, regardless of which Member State's courts or authorities examine the case. This proposal will promote cross-border investment and access to cheaper credit, and prevent systemic risks.

Council discharge by the European Parliament - Finding solutions

15-06-2017

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 ...

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 the deadlock are put forward, assessing their respective advantages and shortcomings.

Εξωτερικός συντάκτης

Dr Maria-Luisa Sanchez-Barrueco (Senior Lecturer in EU Law, University of Deusto) ; Dr Paul Stephenson (Assistant Professor, Maastricht University)

Cross-Border Traffic Accidents in the EU - The Potential Impact of Driverless Cars

30-06-2016

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 ...

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 the legal framework. In line with recent EU law trends towards enhanced protection for the victims and given that products liability is likely to gain more importance in the area, the study suggests the introduction of a duty for car manufacturers to contract liability insurance covering traffic accidents victims; the possibility of a direct action against a manufacturer’s liability insurer and the establishment of a forum at the domicile of the victim for claims against manufacturers of cars using new technologies. In order to increase legal certainty, the study recommends to redefine the respective scopes of application of the two systems of private international law currently coexisting in the EU to determine the law applicable (the Rome II Regulation and the 1971 and 1973 Hague Conventions), and to apply Rome II in cases in which both the claimant and the defendant are domiciled in EU Member States. Finally, autonomous technologies may increase the difficulty to initiate extra-contractual liability claims therefore the study proposes that limitation periods be extended at the substantive law level or that a cumulative connecting mechanism be introduced at private international level for the benefit of the victims.

Cross-Border Restitution Claims of Art Looted in Armed Conflicts and Wars and Alternatives to Court Litigations

19-05-2016

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 difficulties ...

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 difficulties related to art restitution claims and proposes policy recommendations for States and EU institutions to overcome these difficulties and seek to achieve just and fair solutions.

Εξωτερικός συντάκτης

Marc-André RENOLD

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.

Εξωτερικός συντάκτης

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)

EU jurisdiction rules applicable to employment

03-10-2013

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.

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

03-10-2013

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 ...

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 the European Small Claims Procedure (ESCP).

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

14-12-2012

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.

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.

Εξωτερικός συντάκτης

Prof Dr Burkhard Hess, Dr Cristina Mariottini, LL.M and Céline Camara, LL.M Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law Dr. Cristina M. Mariottini is a senior researcher at the Max Planck Institute Luxembourg. Celine Camara is a junior researcher at the Max Planck Institute Luxembourg.

Cross-border exercise of visiting rights

30-11-2010

The right of access is a key aspect of the basic right of contact between parents and children. The inadequacy, in many cases, of relevant means of enforcement throws up major problems with regard to cross-border rights of access in particular. Multilateral conventions are concerned primarily with the recognition and efficient implementation of decisions by national courts. The EU considers that it needs to enact its own legislation in the realm of family and succession law, as elsewhere: legislation ...

The right of access is a key aspect of the basic right of contact between parents and children. The inadequacy, in many cases, of relevant means of enforcement throws up major problems with regard to cross-border rights of access in particular. Multilateral conventions are concerned primarily with the recognition and efficient implementation of decisions by national courts. The EU considers that it needs to enact its own legislation in the realm of family and succession law, as elsewhere: legislation which, in its field of application, will supersede the multilateral conventions. As well as being concerned with the recognition of decisions, this legislation should place more emphasis on the establishment of international institutions and machinery to assist in negotiating and making arrangements for cross-border visiting rights.

Εξωτερικός συντάκτης

Dr. Gabriela Thoma-Twaroch, Vorsteherin des Bezirksgerichtes Josefstadt, 1082 Wien.

Transnational inheritance

02-03-2010

The EU's Charter of Fundamental Rights includes the right to ""own, use, dispose of and bequeath property"". However, problems arise when an individual has links to more than one Member State. It can be difficult even to establish which national laws on succession apply to their estate. That matters greatly, since national laws, based on traditions dating back centuries, vary enormously. National laws may, therefore, produce very different effects in the same succession case. As international efforts ...

The EU's Charter of Fundamental Rights includes the right to ""own, use, dispose of and bequeath property"". However, problems arise when an individual has links to more than one Member State. It can be difficult even to establish which national laws on succession apply to their estate. That matters greatly, since national laws, based on traditions dating back centuries, vary enormously. National laws may, therefore, produce very different effects in the same succession case. As international efforts have not succeeded in easing such problems, the Commission has adopted a proposal for a Regulation. It would ensure a uniform approach in the EU to establishing which national succession laws apply, and which courts have jurisdiction. Moreover, it would make it simpler for heirs and beneficiaries to take possession of their property outside their own country of residence. However, given the sensitivity of these issues, many Member States are seeking changes to the proposal to reduce conflicts with their own national systems.

Προσεχείς εκδηλώσεις

03-06-2020
EPRS online Book Talk | One of Them: From Albert Square to Parliament Square
Άλλη δραστηριότητα -
EPRS
11-06-2020
CONT Public Hearing: Implementation of EU funds
Ακρόαση -
CONT
15-06-2020
EPRS online Book Talk | A Certain Idea of France: The life of Charles de Gaulle
Άλλη δραστηριότητα -
EPRS

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