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The study presented below forms part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available through the UK courts including the Supreme Court which, though not a constitutional court in the classic Kelsenian model, does sits at the apex of the appellate court ...

Upon request by the AFCO Committee, the Policy Department for Citizens’ Rights and Constitutional Affairs has commissioned this in-depth analysis on the impact of Brexit on the devolved territories of Scotland and Wales as well as the Overseas Territory of Gibraltar. It examines the economic and political implications of Brexit on these territories, the consequences of the possible return to devolved administrations of formerly ‘Europeanised’ competencies and looks at how Brexit might affect their ...

Brexit Literature Update 3/2017

Lyhyesti 03-03-2017

Following a relevant request by the Committee for Constitutional Affairs, the Policy Department on Citizens’ Rights and Constitutional Affairs has been compiling, on a regular basis, a number of academic and scholarly materials related to the process of, and the negotiations on, the withdrawal of the UK from the EU. Since the June 2016 referendum in the UK, Brexit-related literature has grown significantly and it is probably going to expand further in the future. Thus, this compilation is far from ...

At the request of the European Parliament Committee on Legal Affairs (JURI), this research paper was commissioned by the Policy Department for Citizen's Rights and Constitutional Affairs to examine difficulties experienced in relation to jurisdiction in matrimonial matters, and assess the need for amendment of current legislation concerning party autonomy, transfers of jurisdiction and harmonisation of rules on residual jurisdiction. It concludes that there is a pressing need for reform insofar as ...

This study – commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Petitions – examines the law and practice in England in relation to adoption without parental consent, in comparison to other jurisdictions within the European Union, including on the basis of petitions submitted to the European Parliament on the matter. It further details the procedures followed by the English courts in relation to child protection ...

Adoption without Consent

Tutkimus 07-07-2015

At the request of the PETI Committee and on the basis of petitions submitted on the matter of adoption without parental consent in England and Wales, this study examines the law and practice in England and Wales, in comparison to other jurisdictions within the European Union. It further details the procedures followed by the English courts in relation to child protection proceedings involving a child who has a connection to another EU Member State, and gives recommendations for cooperation between ...

The number of small cross-border transactions, usually in business-to-consumer contacts, is steadily growing in the EU. If a transaction ends up in a way which does not satisfy the parties, they may want to go to court to get their money back or make sure a faulty good is repaired. However, national civil procedures are not well adapted for such cross-border litigation over small claims. That is why the EU legislature introduced a European Small Claims Procedure (ESCP) back in 2007. For various reasons ...

This study looks at the situation of children with disabilities in England, Wales and Northern Ireland to identify the gaps in the legal frameworks and its implementation, the obstacles faced by children with disabilities and best practices. This country study is part of a larger study which analyses 18 Member States. Based on a comparative analysis of the country studies, the report ‘Study on Member States' Policies for Children with Disabilities’ (see under PE 474.416) provides some recommendations ...

Convention XXXV is of significant assistance in relation to cross-border capacity issues. However, it does have some weaknesses. Accordingly, Member States should be encouraged to ratify Convention XXXV. In addition the creation of a form of European Power of Representation would be extremely useful.

This note provides an overview of the consumer’s experience of mediation in England and Wales, including commentary upon the EU Mediation Directive and its implementation in the jurisdiction.