Αναζήτηση

Τα αποτελέσματά σας

Εμφάνιση 10 από 11 αποτελέσματα

In recent years, European Court of Justice (ECJ) case law has been playing an increasingly pivotal role in the development of the emerging common minimum standards of judicial independence, binding on the EU Member States as a matter of Union law. The ECJ has based its case law primarily on Article 19 of the Treaty on European Union (TEU), which requires Member States to provide for effective judicial protection in areas covered by EU law, on Article 47 of the Charter of Fundamental Rights of the ...

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 ...

Judicial independence is one of the key components of the rule of law (Article 2 of the Treaty on European Union – TEU), together with the fundamental right to a fair trial (Article 47 of the Charter of Fundamental Rights of the European Union) and the principle of effective judicial protection (Article 19(1) TEU). When it comes to standards for judicial independence, a special role is played by the Council of Europe and its judicial body, the European Court of Human Rights (ECtHR) in Strasbourg. ...

The study compares the revised and signed text of the Comprehensive Economic and Trade Agreement (CETA) with the EU-Vietnam Free Trade Agreement (EUVFTA) and the EU Singapore Free Trade Agreement (EUSFTA) in respect of important procedural aspects relating to investor State dispute settlement. The findings are juxtaposed to the procedural rules governing the preliminary reference procedure and direct action (action for annulment) before the Court of Justice of the European Union as well as the individual ...

The workshop, organised by the Policy Department for Citizens' Rights and Constitutional Affairs upon request by the Committees on Legal Affairs and on Civil Liberties, Justice and Home Affairs of the European Parliament, provides an opportunity to discuss about the training of judges and of other legal professionals in EU law and in the law of other Member States. The European Commission, in its 2011 Communication on "Building trust in EU-wide justice", set the objective of enabling half of the ...

Civil-Law Expert Reports in the EU: National Rules and Practices

Λεπτομερής ανάλυση 29-05-2015

Upon request by the JURI Committee, this in-depth analysis compares national rules and practices governing expert reports in the civil law area. All EU Member States expect experts to be competent, independent and impartial. The method of recruitment and rights and obligations of experts still vary. The lack of public registers is an obstacle to their appointment. Only judges can authorise an expert report and generally define the mission, but it is not the case everywhere that they are given the ...

Proceedings of the workshop on "The Training of Legal Practitioners: Teaching EU Law and Judgecraft - Learning and Accessing EU Law: Some Best Practices" (Session I), held on 28 November 2013 in Brussels.

Proceedingsof the Workshop on "The Training of Legal Practitioners: Teaching EU Law and Judgecraft - Improving Mutual Trust" (Session II), held on 28 November 2013 in Brussels.

Amendment of the Statute of the Court of Justice

Εν συντομία 29-06-2012

The Court of Justice of the European Union (CJEU) has proposed amendments to its Statute to cope with a significant increase in its case-load. The increasing numbers of cases awaiting judgment stem from enlargement and the development of EU competences. Despite the Court successfully taking procedural steps to reduce the time taken to deal with cases, further changes are needed to avoid infringement of the principle of timely justice.

Differences in application of Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters have brought to light varied loopholes from Member State to Member State. The main obstacles holding back the development of legal mediation are essentially to be found in the practical organisation of mediation and, to a lesser extent, in the overuse of the notion of public policy. This development has also suffered, particularly at cross-border level, from mismatches in the accreditation ...