8

resultat

Ord
Publikationstyp
Politikområde
Författare
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Datum

In Pursuit of an International Investment Court. Recently Negotiated Investment Chapters in EU Comprehensive Free Trade Agreements in Comparative Perspective

04-07-2017

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 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 application before the European Court of Human Rights. In doing so, it provides a tool and manual to evaluate the EU’s todays and future progress in reforming the international investment law regime. By outlining key features of the procedural frameworks governing two international courts, some ‘tried and tested’ concepts as source of inspiration for the possible design of a ‘multilateral investment court’ might be found.

Extern avdelning

Prof. Dr. Steffen HINDELANG, LL.M., Department of Law, Freie Universität Berlin, Germany and Ass. iur. Teoman M. HAGEMEYER, Dipl. iur. oec., Ph.D. candidate at the Department of Law, Freie Universität Berlin, Germany

Prospects for a Multilateral Investment Court

14-06-2017

Since 2015, the European Commission has worked on the establishment of a Multilateral Investment Court (MIC). The purpose of this court is to have a permanent international body that can settle investment disputes between investors and states. The MIC would replace the current system of investor-to-state dispute settlement (ISDS) based on ad hoc commercial arbitration, which has become controversial over the past few years.

Since 2015, the European Commission has worked on the establishment of a Multilateral Investment Court (MIC). The purpose of this court is to have a permanent international body that can settle investment disputes between investors and states. The MIC would replace the current system of investor-to-state dispute settlement (ISDS) based on ad hoc commercial arbitration, which has become controversial over the past few years.

The German Federal Constitutional Court's ruling on the European Arrest Warrant

28-01-2016

The Bundesverfassungsgericht (BVerfG) has now published its December 2015 ruling in favour of a claimant who had lodged a constitutional complaint against the decision to allow his surrender to Italy on the basis of a European arrest warrant issued by the Italian authorities. In its ruling, the German Constitutional Court appears to be departing from its previous 'Solange' case law on the examination of EU acts against fundamental rights enshrined in the Basic Law (Grundgesetz).

The Bundesverfassungsgericht (BVerfG) has now published its December 2015 ruling in favour of a claimant who had lodged a constitutional complaint against the decision to allow his surrender to Italy on the basis of a European arrest warrant issued by the Italian authorities. In its ruling, the German Constitutional Court appears to be departing from its previous 'Solange' case law on the examination of EU acts against fundamental rights enshrined in the Basic Law (Grundgesetz).

Orders for payment in the EU: National procedures and the European Order for Payment

04-12-2013

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 ...

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 cross-border claims for money, especially arising from a contract.

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).

Overview of Existing Collective Redress Schemes in EU Member States

15-07-2011

The briefing paper presents rationale and relevance of collective redress schemes with recent developments in this area at the EU level; an overview of collective redress schemes existing in EU Member States; a summary of similarities and differences between collective redress schemes in Member States; and finally some considerations on cross-border use of collective redress mechanisms in Europe. The paper identifies significant differences in approach of Member States towards collective redress ...

The briefing paper presents rationale and relevance of collective redress schemes with recent developments in this area at the EU level; an overview of collective redress schemes existing in EU Member States; a summary of similarities and differences between collective redress schemes in Member States; and finally some considerations on cross-border use of collective redress mechanisms in Europe. The paper identifies significant differences in approach of Member States towards collective redress with important consequences for equal access of European consumers to justice and cross-border use of collective redress.

Redress and Alternative Dispute Resolution in Cross-Border e-commerce Transactions

15-01-2007

Executive summary Effective dispute settlement is regarded as one of the means of enhancing consumer confidence in cross-border purchases over the Internet. Yet a recent Eurobarometer survey1 shows that 41% of people who launched a formal complaint concerning cross-border purchases were not satisfied with the way their complaint was handled. Rather than going to the courts or elsewhere for settlement, most dissatisfied consumers took no further action, and only 6% brought the matter to an arbitration ...

Executive summary Effective dispute settlement is regarded as one of the means of enhancing consumer confidence in cross-border purchases over the Internet. Yet a recent Eurobarometer survey1 shows that 41% of people who launched a formal complaint concerning cross-border purchases were not satisfied with the way their complaint was handled. Rather than going to the courts or elsewhere for settlement, most dissatisfied consumers took no further action, and only 6% brought the matter to an arbitration/mediation/conciliation body. Other studies of online dispute resolution (ODR) also show, on the whole, poor uptake by the public. Uptake of the EC’s own publicly funded ODR provider, ECODIR, has been described as “disappointing”2. Why do so few people resort to this kind of dispute settlement, and what are the implications of low uptake for consumer confidence in cross border ecommerce ? [...]

Extern avdelning

Lilian Edwards (University of Southhampton, UK) and Caroline Wilson (University of Southampton, UK)

Migration and Asylum in Central and Eastern Europe

15-12-1998

Following the fall of the Berlin Wall and the upheavals experienced by the countries of central and eastern Europe, data with regard to population movements have changed completely. How does this new order look? How have the movements occurred? What are the problems which are arising in these six countries associated with the Union?

Following the fall of the Berlin Wall and the upheavals experienced by the countries of central and eastern Europe, data with regard to population movements have changed completely. How does this new order look? How have the movements occurred? What are the problems which are arising in these six countries associated with the Union?

Kommande evenemang

27-10-2020
Hearing on Rebuilding fish stocks in the Mediterranean: next steps
Utfrågning -
PECH
27-10-2020
EPRS online Book Talk | Beyond Christendom - The politics of religion in Europe today
Övrigt -
EPRS
27-10-2020
JURI: ICM Meeting on "Better Law Making from a digital perspective"
Övrigt -
JURI

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