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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 ...

Upon request by the JURI Committee, this study provides an analysis of existing EU legislation applicable to judicial expertise for the purpose of assessing whether cross-border expertise in the EU is hampered or restricted, and whether steps could be taken to facilitate it and to further develop a genuine European area of civil justice. It concludes that, while existing EU law is largely satisfactory, there are still major issues, and that EU action would be necessary to address them.

Upon request by the LIBE Committee, this Study examines the legal and political implications of the forthcoming end of the transitional period for the measures in the fields of police and judicial cooperation in criminal matters, as set out in Protocol 36 to the EU Treaties. This Protocol limits some of the most far-reaching innovations introduced by the Treaty of Lisbon over EU cooperation on Justice and Home Affairs for a period of five years after the entry into force of the Treaty of Lisbon ( ...

This briefing seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment accompanying its proposal for a Directive of the European Parliament and of the Council on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European Arrest Warrant Proceedings (COM (2013) 824), submitted on 27 November 2013. This proposal is part of the 2009 Roadmap on Procedural Rights (‘the Roadmap’) aiming at strengthening the ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment accompanying the Commission's proposal for a Directive on procedural safeguards for children suspected or accused in criminal proceedings (COM (2013) 822 final), which was transmitted on 28 November 2013. It analyses whether the principal criteria laid down in the Commission’s own Impact Assessment Guidelines, as well as additional factors identified by the Parliament in ...

This study addresses the development of an EU criminal justice area. By exploring key concepts and features of criminal processes in comparative perspective, it seeks to provide ideas for such an area. Because the situation in the member states is diverse, independent concepts guided by the study findings are explored.

Every year, 1 million small businesses in the EU face problems with collecting cross-border debts, and as much as €600 million in cross-border claims are never satisfied. Domestic orders for payment, which exist in many Member States, are an effective tool for the collection of domestic debts, but often are not practical for cross-border use. Therefore, in order to supplement the existing national measures, the EU legislature has created a European Order for Payment procedure which is available for ...

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.

Europeans often need to use notarial instruments for successions. When a succession involves people or assets located in different Member States, there is an obvious need to use such instruments coming from another Member State. This note highlights the main difficulties arising from the cross-border movement of notarial instruments. It concludes by making some proposals concerning the contents of the proposal for a European regulation on international successions, with the aim of simplifying and ...