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The EU Succession Regulation (Regulation 650/2012) allows for cross-border circulation of authentic instruments in a matter of succession. Authentic instruments are documents created by authorised authorities which benefit from certain evidential advantages. As this Regulation does not harmonise Member State substantive laws or procedures concerning succession the laws relating to the domestic evidentiary effects of succession authentic instruments remain diverse. Article 59 of the Succession Regulation ...

Compendium of notes distributed on the workshop on "Civil aw and justice forum", held on 26 February 2015 in Brussels.

EU competence in private law

Hĺbková analýza 08-01-2015

The notion of private law, as opposed to public law, has a long tradition and is of great importance in most EU Member States. National private law is seen as the constitution of civil society and enjoys a high degree of democratic legitimacy with regard to social justice. However, that distinction is not so important in EU law, where EU legislative competences in any given field of law are limited to those explicitly provided for in the Treaties. There is thus no general EU competence to regulate ...

Upcoming Issues of EU Law

Hĺbková analýza 15-09-2014

Upon request by the JURI Committee, five specific topics have been chosen for the workshop "Upcoming issues of EU law" on the afternoon of 24 September 2014 as being representative of different avenues for the future development of the law and aiming at giving Members of the European Parliament an overview of the work of the Legal Affairs Committee in several of its areas of competence. The workshop focuses both on work that has been accomplished in the past and on challenges that may be expected ...

Upon request by the JURI Committee, this study provides an analysis of improvements to European rules on jurisdiction and enforcement of judgments. It concerns, in particular, disputes connected to third (non-EU) States by virtue of the domicile of the defendant or as a result of a connecting factor that the European Union considers as a ground for exclusive jurisdiction where it points towards the courts of a Member State. In summary, the research is aimed at determining the external boundaries ...

Private law regulates rela­tionships between private individuals, for example between a consumer and a business. The EU may legislate in this area only where specifically authorised by the Treaties, for instance to harmonise national private-law rules posing obstacles to the functioning of the internal market, or to promote judicial cooperation in civil matters. The two types of legal instruments used by the EU legislature in the area of private law are directives and regulations. Some directives ...

On 11 October 2012, the Committee on Legal Affairs (JURI) requested a Cost of Non-Europe report (CoNE) on the perspective of having a European Code on Private International Law. This Cost of Non-Europe report analyses the formal question of the code, and more particularly the question of 'gaps' in the Private International Law of the European Union which need to be filled, and the cost to citizens and businesses of not filling them. It also contains quantitative and qualitative arguments in favour ...

This briefing note explains the problems which the Common European Sales Law (CESL) sets out to solve, to what extent it actually achieves those goals and where the proposal leaves room for improvement. The paper focuses on consumer contracts concluded between parties located within the EU. It intentionally leaves the many complicated and technical details of Private International Law aside in order to make the basic structures of the current system more visible so that the usefulness of a CESL can ...

This report identifies the gaps that exist in the current European framework of private international law and suggests a road map towards a more comprehensive codification of EU private international law. For the time being, legislative efforts should be directed at creating separate instruments for well-defined problems of private international law. The fruits of these efforts could in the long-term be combined in a code of EU private international law.

This document contains an analysis of the Proposal for a Regulation of the European Parliament and of the Council 2011/0130/COD on mutual recognition of protection measures in civil matters under a national judge's perspective.