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30/08/2011 

NEW

Clearer patrimonial regimes for international couples: joint conference of the Commission and CNUE

Citizens loose time and money figuring out which court is competent and which law applies to their property regime, when they marry or when their marriage or partnership comes to an end because of death or divorce. In Europe, there are around 16 million international couples, and at least 650,000 of them face these questions every year. The European Commission adopted two legislative proposals on 16 March 2011 to bring legal clarity to the property rights for married couples and for registered partnership with an international dimension. The two proposed Regulations would help to identify, which court is competent to deal with disputes on the matrimonial property and which law applies to a couple's property regime. The proposed Regulations also provide for rules on recognising and enforcing court decisions concerning couple's property in the Member States. The proposed legislation will complete the existing Union rules applying to cross-border divorce cases.

The Commission is organising, jointly with the Council of the Notariats of the European Union (CNUE), a Conference on "Clearer Patrimonial Regimes for International Couples" on 17 October 2011. The event will take place in Charlemagne Building, Brussels, Belgium.

Main points in the programme are the above-mentioned two proposed Regulations on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes and regarding the property consequences of registered partnerships. After the presentation of the proposals, there will be three sessions focused on the applicable law, competent court and on recognition and enforcement in cross-border cases.

The conference is open to all interested persons, in the order of registrations and taking into account the limited space of the meeting room. Event registration is free. N.B. The Commission will not reimburse travel costs of the participants.

For further information and for registrations, please see here.

30/05/2011 

Cross-Border Assignment Questionnaire

This Questionnaire seeks the views of business and the legal profession on the assignment of debts and other rights in cross-border cases. In particular, it is addressed to those involved in factoring or securitisation transactions or in transactions backed by security or collateral over debts and other contractual rights. The information obtained with this questionnaire forms part of a study into the effects on third parties of assignments, with a focus on the law applicable to such carried out for the European Commission by the British Institute of International and Comparative Law (BIICL).

At present, the EU Member States have different approaches to these questions, and the Study will consider (among other questions) whether a harmonised rule is necessary and how it should look like. You are invited to participate in this survey by filling out the questionnaire and returning it to the BIICL at e.lein@biicl.org.

Questionnaire Word 30 KB(Word 131 KB)

02/12/2010 

Call for expression of interest with a view to establishing a Group of Experts on the attachment of bank accounts

 

Terms of reference PDF 27 KB (PDF File 27 KB)

Application form Word 30 KB(Word 30 KB)

Time-limit for receipt of applications: 07/01/2011

15/11/2010 

Yambol administrative Court of Bulgaria, Winner of the Crystal Scales of Justice Prize for innovative Court practices

 

The 2010 European Crystal Scales of Justice prize for innovative court practices was awarded today in Ljubljana, marking the European Day of Civil Justice. The jury of eminent individuals from the judicial world, examined 50 applications from some 20 Member States of the Council of Europe.

Yambol Administrative Court (Bulgaria) won the award for its efforts to help users better understand judicial procedures and related information.

Three special mentions were also given to projects from Austria, Finland and Slovenia:

Promoting safer driving, represented by Regional Court of Linz and FMG Amor (Austrian Mobility Research)

New way of systematic management of delay reduction projects in courts - combining external expertise and internal participation, represented by University of Technology and Ministry of Justice (Finland)

Automated system for enforcement of authentic documents (COVL), represented by the Supreme Court of the Republic of Slovenia

14/09/2010 

Conference on cross-border successions

On 15 October 2010, the European Commission will organise in Brussels a joint conference with the Council of the Notariats of the European Union on cross-border successions. The conference will be an opportunity to discuss different aspects of the Commission proposal for a Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the introduction of a European Certificate of Succession. Information on the conference can be found here.

15/07/2010 

Public consultation on problems related to cross-border inheritance tax

 

The European Commission has launched a public consultation on problems related to cross-border inheritance tax within the EU, and possible solutions to these problems. The consultation will run until 22 September 2010.

Several cross-border inheritance tax cases have been referred to the European Court of Justice in recent years. Among the problems that can occur in cross-border inheritance situations are double taxation and discriminatory application of inheritance tax rules. When these problems arise, they can result in very high overall inheritance taxation rates and may, therefore, deter citizens and businesses from moving and operating freely within the Internal Market. The public consultation will play a valuable role in helping the Commission to establish the extent of any problems in this area and to determine what measures need to be taken with regard to cross-border inheritance tax.

You will find more information at the following link: http://ec.europa.eu/taxation_customs/common/consultations/tax/2010_06_inheritance_en.htm

02/07/2010 

Results of the public hearing on improving the enforcement of judgments and facilitating cross-border debt recovery

 

The European Commission organised a public hearing on improving the enforcement of judgments and facilitating cross-border debt recovery on 1 June 2010, in Brussels. 84 participants representing ministries of justice, judicial authorities, law firms, bailiffs, academics, banks, businesses and citizens' groups were registered to this event. Speakers were all eminent experts in their field, coming from various countries and organisations. As a result the hearing provided stakeholders with an opportunity to express their opinion on existing problems in these areas and the possible solutions to these problems.

The hearing was part of an on-going consultation process. It followed the publication of two Commission Green Papers on the attachment of bank accounts and on the transparency of assets, issued in 2006 and 2008. It broadly showed that more data was needed to substantiate the definition of the problem of unpaid debt in the EU. The debate on the policy options had indicated a consensus in favour of a free-standing European bank attachment order although many details were still to be decided as to the conditions for and the effects of such order. Furthermore some consistency of the European procedure with existing national enforcement schemes is to be sought.

Documents:

  • Agenda PDF 140 KB (PDF File 78 KB)
  • Key note address by Mr. Martin Selmayr, Head of Cabinet of Vice-President Reding PDF 140 KB (PDF File 17 KB)
  • Closure speech by Ms Salla Saastamoinen, European Commission , DG JLS, Head of Unit Civil Justice PDF 140 KB (PDF File 20 KB)

Presentations:

18/06/2010 

Civil Justice Programme - new call for proposals

 

Within the framework of the specific Programme "Civil Justice", the Commission has launched the Call for Proposals for Action Grants JLS/2010/JCIV/AG intended to co-finance transnational projects, on the basis of the 2010 Annual Work Programme, adopted on 8 january 2010. The deadline for submission of applications is the 1 September 2010, at 16:00.

Read more

18/06/2010 

Criminal Justice Programme - new call for proposals (e-Justice)

 

Within the framework of the specific Programme "Criminal Justice", the Commission has launched the Call for Proposals for "e-Justice" (Action Grants) JLS/2010/JPEN/AG/EJ intended to co-finance e-Justice projects, on the basis of the 2010 Annual Work Programme, adopted on 15 january 2010. The deadline for submission of applications is the 4 August 2010, at 16:00.

Read more

07/05/2010 

European Commission proposes clearer rules for international couples

 

The European Commission proposed EU regulation that will allow couples to choose which country's laws apply to their divorce. It will help couples of different nationalities, couples living apart in different countries or living together in a country other than their home country. The aim is to reduce the burden on children and to protect weaker partners during divorce disputes. There are around 300,000 international marriages per year in the EU. The proposal follows a request from 10 Member States (Austria, Bulgaria, France, Greece, Hungary, Italy, Luxembourg, Romania, Slovenia and Spain) and would be the first time the "enhanced cooperation" mechanism would be used in EU history.

Read more:

European Commission goes ahead with 10 countries to bring legal certainty to children and parents in cross-border marriages

Clearer rules for international couples – frequently asked questions

Proposal for a Council Regulation (EU) en fr de PDF 140 KB (PDF File 112 KB)

04/05/2010 

Group of Experts - Brussels I Regulation (Regulation 44/2001)

 

The Commission invites applications from individuals with a view to establishing a list of experts who could be invited to participate in the Group of Experts dealing with the interface between the Brussels I Regulation (Regulation 44/2001) and arbitration.

The deadline for applications is 17 May 2010.

- Terms of Reference English PDF 48 KB (PDF File 48 KB)

- Inscription form en PDF 55 KB (PDF File 55 KB)

28/04/2010 

Proceedings of the last EC-HCCH Joint Conference on Direct Judicial Communications on Family Law Matters and the Development of Judicial Networks (Brussels, 15-16 January 2009)

 

Following the EC-HCCH Joint Conference on Direct Judicial Communications on Family Law Matters and the Development of Judicial Networks (Brussels, 15-16 January 2009), the proceedings of the conference has been published in The Judges Newsletter on International Child Protection.

The relevant volume has been published in electronic version on the website of the Hague Conference - and paper copies will be published in the following weeks.

The next volume of The Judges Newletter on International Child Abduction (Spring 2010) will focus on the Third Malta Conference on Cross-Frontier Family Law Issues.

12/04/2010 

Public hearing on improving the enforcement of judgments through the attachment of bank accounts

 

The European Commission is organising a public hearing on improving the enforcement of judgments through the attachment of bank accounts on 1 June 2010, in Brussels. The purpose of this hearing is to offer to stakeholders an opportunity to express their opinion on existing problems in these areas and the possible solutions to these problems.

The hearing, which is open to all interested parties, is part of an on-going consultation process. It follows the publication of two Green Papers on the attachment of bank accounts and on the transparency of assets, issued in 2006 and 2008.

Interested parties must register by 10 May 2010. The number of participants is restricted, and will be accepted in order of registration.
The Commission does not cover any travel and accommodation costs of participants.

To obtain more information, please consult the following documents:


- Study on making more efficient the enforcement of judicial decisions within the European Union,

- Green Paper - Improving the efficiency of the enforcement of judgments in the European Union: the Attachment of Bank Accounts,

- Replies received in reply to the Green Paper,

- Summary of the replies English français PDF 46 KB (PDF File 46 KB),

- Registration form en PDF 20 KB (PDF File 20 KB).

In case of any questions please write to: jurate.simoliunaite@ec.europa.eu

21/03/2010 

Call for applications for the European Crystal Scales of Justice Prize for innovative practices contributing to the quality of criminal justice

 

In 2010, the European Commission together with the Council of Europe is organising the 5 th edition of the "Crystal Scales of Justice" Prize. The aim of the prize is to identify and promote innovative practices in civil and in criminal matters, in respect of conduct of proceedings, court organisation and general functioning of the justice system.

The 2010 competition is open to courts, associations of legal professionals, prosecutor's offices, prison or probation administrations, non-governmental organisations, or any other entity responsible for justice affairs in the Member States of the European Union or the Council of Europe. Applications must meet the eligibility criteria as specified in the Rules of the Prize and be submitted to the European Commission or the Council of Europe by 30 June 2010.

For more details, please refer to the following websites:

http://ec.europa.eu/justice_home/news/events/news_events_en.htm ,

http://www.coe.int/t/dghl/cooperation/cepej/events/EDCJ/Cristal/default_fr.asp

or write to:

JLS-CRYSTAL-SCALES@ec.europa.eu

11/01/2010 

Information regarding the outcomes of the Conference on: “Challenges in Adoption Procedures in Europe: ensuring the best interests of the child"

 

The final programme of the conference, the presentations of the speakers and the conclusions can be found on the Council of Europe website.

10/01/2010 

New civil justice instruments, adopted by the last Council, were published in the Official Journal

 

The following decisions were published in the Official Journal L 331, 16.12.2009:

- Council Decision 2009/940/EC of 30 November 2009 on the signing by the European Community of the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Railway Rolling Stock, adopted in Luxembourg on 23 February 2007;

- Council Decision 2009/941/EC of 30 November 2009 on the conclusion by the European Community of the Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations;

- Council Decision 2009/942/EC of 30 November 2009 amending Decision 2006/325/EC to provide for a procedure for the implementation of Article 5(2) of the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ;

- Council Decision 2009/943/EC of 30 November 2009 amending Decision 2006/326/EC to provide for a procedure for the implementation of Article 5(2) of the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters.

04/01/2010 

The explanatory report (by Professor Fausto Pocar) on the 2007 Lugano Convention was published in the Official Journal

 

The explanatory report by Professor Fausto Pocar (Holder of the Chair of International Law at the University of Milan) on the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed in Lugano on 30 October 2007, was published in the Official Journal.

16/12/2009 

Comparative study on adoption procedures in the Member States of the European Union, practical difficulties encountered in this area by European citizens in the context of a European area of justice in civil matters, and options available for resolving such difficulties and protecting children’s rights

 

The Commission has received the final report on a comparative study on adoption procedures in the Member States of the European Union, practical difficulties encountered in this area by European citizens in the context of a European area of justice in civil matters, and options available for resolving such difficulties and protecting children’s rights.

The results of the study have been presented at the Council of Europe and European Commision joint conference "Challenges in Adoption Procedures in Europe: Ensuring the Best Interests of the Child" held on 30 November and 1 December 2009 at the Council of Europe Headquarters in Strasbourg. You will find a link to this presentation and those of the other speakers on the Council of Europe website.

Summary en PDF 32 KB (PDF File 32 KB)

Synthesis report en PDF 715 KB (PDF File 715 KB)

Legal analysis en PDF 1,8 MB (PDF File 1,8 MB)

Annexes en PDF 1,8 MB (PDF File 1,8 MB)

Statistics-comments en PDF 1,1 MB (PDF File 1,1 MB)

13/11/2009 

Information regarding European Commission financial programs

 

On 25 September 2007, the European Parliament and the Council adopted the Decision No 1149/2007/EC establishing for the period 2007-2013 the Specific Programs "Civil Justice" and "Criminal Justice" as part of the General Programme ‘Fundamental Rights and Justice’, in order to contribute to strengthening the area of Freedom, Security and Justice over the period of 2007 - 2013.

Within this framework the European Commission has launched two calls for proposals:

(1) JLS/2009/JCIV/OG ("Operating Grants") intended to co-finance the functioning of non-governmental organisations (costs incurred in 2010); deadline for submission of applications is 11 December 2009, 12:00 CET.

(2) JLS/2009/JPEN/OG ("Operating Grants") intended to co-finance the functioning of non-governmental organisations (costs incurred in 2010); deadline for submission of applications is 9 December 2009, 16:00 CET.

Both calls are open in the PRIAMOS system, and all applications have to be done via this system. Please bear in mind that there are functional mailboxes indicated in the calls, which have to be used exclusively for all questions.

For more information please see here.

11/11/2009 

The Commission proposes to simplify the settlement of international successions and to make the rules governing them more predictable

 

The Commission adopted a proposal that should considerably simplify the rules on successions with an international dimension in the European Union. The aim is to make life easier for citizens by laying down common rules enabling the competent authority and law applicable to the body of assets making up a succession, wherever they may be, to be easily identified. In addition to providing more effective guarantees for the rights of heirs, legatees and other interested parties, the proposed Regulation will take some of the stress out of succession planning by enabling people to choose the law that will govern the transmission of all their assets. The Commission is also proposing the creation of a European Certificate of Succession enabling an heir or the administrator of a succession to prove their capacity easily throughout the EU.

Proposal for a Regulation en fr de PDF 190 KB (PDF File 190 KB)

Impact Assessment en PDF 470 KB (PDF File 470 KB)

Summary of the Impact Assessment en fr de PDF 140 KB (PDF File 140 KB)

28/10/2009 

Conference on: “Challenges in Adoption Procedures in Europe: ensuring the best interests of the child”

 

The European Commission and the Council of Europe are organising jointly a conference on: “Challenges in Adoption Procedures in Europe: ensuring the best interests of the child”.

This event will be held at the Council of Europe Headquarters, in Strasbourg (Palais de l'Europe - Room 1), from Monday 30 November (09h30) to Tuesday 1 December 2009 (16h30).

The first day of the Conference will be devoted to national adoption and the second day to international adoption. More specifically, the following themes will be dealt with:

  • the revised 2008 European Convention on the Adoption of Children and the best interests of the child
  • the children and the adults in the adoption process
  • the role and responsibility of State Authorities
  • the access to one's origins: how to find a balance between the different parties involved?
  • from National to International Adoptions: The 1993 Hague Convention on Adoption
  • the right to a family in the international legal framework and in the practical experience
  • towards a European Adoption Policy?

Simultaneous interpretation will be provided into several official languages of the European Union.

This event is open to European Union and Council of Europe Member States as well, as all law practitioners and institutions or associations concerned with the adoption of children. Participants should ideally be experts in family law, and in particular in the adoption of children.

This event, which is closely linked to the work carried out by European Committee on Legal Co-operation (CDCJ) and the Committee of Experts on Family Law (CJ-FA), will offer an excellent opportunity for further collaboration between the Council of Europe and the European Commission in the field of family law.

It is hoped that this conference will encourage the development of a common European position on adoption and the definition of the best interest of children during national or international adoption proceedings.

You will find the draft agenda and other useful information about the conference on the website: www.adoptionprocedure.net

23/10/2009 

Proposal for a Council Regulation amending annexes to the Insolvency Regulation

 


The Commission has adopted the Proposal for a Council Regulation amending the lists of insolvency proceedings and liquidators in Annexes A and C to Regulation (EC) No 1346/2000 on insolvency proceedings.

Text of the Proposal en fr PDF 15 KB (PDF File 15 KB)

13/10/2009 

European Civil Justice Day - 25 October 2009

 

Following on from other existing major "European Days", in 2003 the European Commission and the Council of Europe established a European Civil Justice Day to take place on 25 October each year, in order to bring civil justice to the attention of the European public.

The Day is an opportunity for the public to familiarise themselves with the civil justice system, which should make it easier for them to access it.

Following the events organised in the previous years, this 7 th European Civil Justice Day will again provide an opportunity for various events to be organised on or around 25 October in the Member States of the European Union and the Council of Europe. These events may be local conferences, open days, guided tours, meetings with legal practitioners or activities for young people. The shared objective of the events will be to make civil justice more comprehensible to the public.

This year, the highlight will be an event jointly organised by three neighbour countries: Germany, France and Switzerland. It will take place on 10 November 2009 in Freiburg (Baden-Württemberg). The European Commission and the Council of Europe will be present at this event.

Agenda fr de PDF 94 KB (PDF File 4 MB)

Poster en fr de

Photo 1, Photo 2

Please consult this link to obtain information on the other events with which the European Commission and the Council of Europe are associated.

18/09/2009 

Civil Justice Programme - new call for proposals

 

On 25 September 2007, the European Parliament and the Council adopted Decision No 1149/2007/EC establishing, for the period 2007-2013, the specific programme Civil Justice as part of the General Programme "Fundamental Rights and Justice".

Within the framework of the Specific Programme Civil Justice, the Commission has launched Call for Proposals JLS/2009/CFP/JCIV/09-1AG Action Grants intended to co-finance specific transnational projects of Community interest.

The text of the call and the relevant application form for applicants are available here.

The deadline for submission of applications is 15 October 2009.

Attention: application form available only after electronic registration.

18/08/2009 

Public hearing on matrimonial property regimes and patrimonial aspects of other forms of union

 

The European Commission is organising a public hearing on matrimonial property regimes and patrimonial aspects of other forms of union on 28 September 2009, in Brussels. The purpose of this hearing is to offer to stakeholders an opportunity to express their opinion on existing problems in these areas and the possible solutions to these problems.

This hearing takes place in the framework of the preparation of a future Community instrument, which should deal with applicable law, jurisdiction, recognition and enforcement of judicial decisions and non-judicial acts and related issues.

To register for this hearing, please complete the registration form available on the following webpage:

http://ec.europa.eu/justice_home/news/consulting_public/news_consulting_public_en.htm

17/08/2009 

Amendment of the Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters

 

On 18 June 2009 Decision No 568/2009/EC of the European Parliament and of the Council amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters was adopted.

05/06/2009 

European Crystal Scales of Justice Prize

 

In Brussels, on Friday 5 June 2009, during the Annual Meeting of the Justice Forum, the European Commission and the Council of Europe awarded the Crystal Scales of Justice Prize and three special mentions.

Press release en PDF 46 KB (PDF File 46 KB)

Photo

10/06/2009 

European Judicial Network in Civil and Commercial Matters met in Prague to deal with international abduction of children

 

The Ministry of Justice of the Czech Republic held the 27th meeting of the European Judicial Network in Civil and Commercial Matters in the Prague Congress Centre. The meeting was focused on practical matters related to abduction of children.

Press release

27/04/2009 

European Union makes it easier for crime victims to obtain compensation

 

The Commission has adopted the Report on the application of Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims, which aims to make it easier for victims to obtain compensation in cross-border situations.

Final Report en fr PDF 60 KB (PDF File 60 KB)

Annex to the Report en PDF 117 KB (PDF File 117 KB)

Empirical Report en PDF 900 KB (PDF File 900 KB)

Synthesis Report en PDF 3,5 MB (PDF File 3,5 MB)

15/04/2009 

Report and green paper - review of Council regulation (EC) no 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

 

The European Commission adopted on the 21 April 2009 a Report and a Green Paper on the review of Council Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, with the aim to launching a broad consultation among interested parties on how to improve the operation of the Regulation and achieve a true free circulation of judgments in the European Union.

To this aim, the Commission invites interested parties to submit comments by 30 June 2009 to the following address:

European Commission
Directorate-General for Justice, Freedom and Security
Unit C1 - Civil Justice
B - 1049 Brussels
Fax: +32-2/299 64 57
E-mail: JLS-coop-jud-civil@ec.europa.eu

The contributions received will be published on the internet, together with the identity of the contributor, unless such publication is likely to harm his or her legitimate interests. In that case the contribution may be published in anonymous form. Otherwise, the contribution will not be published, and its content will not be taken into account. Contributions will be published on the Commission's website.

It is important to read the specific privacy statement attached to this consultation for information on how your personal data and contribution will be dealt with. Professional organisations are invited to register in the Commission's Register for Interest Representatives ( http://ec.europa.eu/transparency/regrin).

All responses from both public and private sectors will be published on the Commission's internet site unless respondents explicitly state that they wish to keep particular information confidential.

Privacy Statement

Report en fr de PDF 60 KB (PDF File 60 KB)

Green Paper en fr de PDF 80 KB (PDF File 80 KB)

15/04/2009 

Public Consultation on compensation of victims of cross-border accidents in the EU

 

The purpose of the consultation is to obtain the views of all interested parties on the effects of application of foreign law to claims arising from cross-border road traffic accidents. The present consultation provides stakeholders with the opportunity to comment on the main findings of the ROME II study on compensation of cross-border victims in the EU (see news below) and to make known their views on the desirability and feasibility of Community action in this area. The Commission will take account of the results of this public consultation when making its policy decision on the way forward on this dossier.

The consultation paper is based on the "ROME II study on compensation of cross-border victims in the EU" and offers a series of policy options for consideration and comments. The consultation will last eight weeks and end on 29 May 2009.

Consultation

03/03/2009 

ROME II Study on compensation of cross-border victims in the EU

 

The Commission has received the final report on a study on the compensation of victims of cross-border road traffic accidents in the EU. Study consists of comparison of national practices, analysis of problems and evaluation of options for improving the position of cross-border victims.

Final Report en PDF 2,5 MB (PDF File 2,5 MB)

04/02/2009 

Recommendations and Conclusions of Conference on Judicial Communications

 

On 15th and 16th of January 2009, judges and experts met in Brussels to discuss direct judicial communications on family law matters and the development of judicial networks.

Draft Conclusions and Recommendations en fr es PDF 160 KB (PDF File 160 KB)

04/02/2009 

Colloquium "Legal Cooperation at the Service of European Families"

 

The European Commission is organising in Brussels on 19 and 20 March 2009, in partnership with the Council of the Notariats of the European Union, a conference devoted to "legal cooperation for families". The increased mobility of persons within a Europe without internal borders has direct effects on the family, and the legal aspects of the citizens' life (marriages, divorces, wills and successions...). The aim of this conference is to tackle in a practical way the various questions which citizens can be confronted with, and to envisage what answers can be found at European level. 

The registration form for this conference, and its final programme, are available at the following address: www.cnue.eu 

Agenda en PDF 600 KB (PDF File 600 KB)

Poster en fr PDF 600 KB (PDF File 600 KB)

26/01/2009 

Study on the application of Directive 2004/80/EC relating to compensation to crime victims.

 

The Commission has received the final report on a study on the application of Directive 2004/80/EC relating to compensation to crime victims. The objective of the study was to assess the current stage of implementation of Directive 2004/80/EC in all EU Member States. For this purpose, a statistical and qualitative quota sample survey has been undertaken in order to:

Compare Member States' compensation schemes;
Assess whether Member States' compensation schemes comply with the articles of Directive 2004/80/EC;
Assess the compensation schemes on an operational level;
Identify contextual factors, regulations, and procedures (if any) that have caused implementation difficulties;
Conclude whether, and if so to what extent, the Directive has improved, simplified and accelerated access to compensation in cross-border situations';
Provide recommendations regarding legal frameworks, scheme management and operations.

The study will serve as a basis for the Commission's future work in this area.

23/01/2009 

European Crystal Scales of Justice Prize

 

Call for applications for the European Crystal Scales of Justice Prize for innovative practices contributing to the quality of CRIMINAL JUSTICE.


In 2009 the European Commission and the Council of Europe are organising the Criminal Justice edition of the "Crystal Scales of Justice" Prize. The prize will be awarded with the aim of identifying and promoting innovative practices in respect of conduct of criminal proceedings, court organisation and general functioning of the criminal justice system.

In order to be eligible, initiatives must be presented by a court, a Bar association or an association of legal professionals, a prosecution office, a prison or probation administration, or any other entity responsible for criminal justice affairs in a Member State of the European Union or the Council of Europe. Applications for the 2009 edition must be submitted by 1 March 2009 and meet the eligibility criteria outlined in the rules of the competition.

All projects will be assessed by a panel of judges composed of European legal practitioners. The prize and three special distinctions will be awarded during the plenary session of the Justice Forum, which will take place in the first half of 2009 in Brussels.

Rules European Crystal Scales of Justice Prize 2009 en fr PDF 90 KB (PDF 90 KB)

Press release PDF 35 KB (PDF 35 KB) 


The deadline for the applications is 1st March 2009

21/01/2009 

New Regulation on maintenance obligations

 

On 18 December 2008, Regulation (EC) No 4/2009 PDF File (PDF File 500 KB) of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations was adopted.

01/12/2008 

Comparative study on the legislation of the Member States of the European Union on civil status, practical difficulties encountered in this area by citizens wishing to exercise their rights in the context of a European area of justice in civil matters and the options available for resolving these problems and facilitating citizens' lives.

 

The Commission has received the final report on a study on the Member States' legislation in civil status matters, practical difficulties encountered by citizens in this field and possible solutions. The objectives of the study are two-fold:

1. to provide a comparative analysis of the Member States' legislation, organisation, procedures and practices with regard to civil status, including the relevant international conventions:

2. to identify the practical difficulties and problems in this domain encountered by citizens including those which prevent or affect adversely their rights within a common judicial area and indicate possible solutions to these problems.

The study will serve as a basis for the Commission's future work in this area.

07/11/2008 

"Freedom, Security and Justice: What will be the future?", consultation on priorities for the next five years (2010-2014)

 

One of the European Union's core objectives is to provide its citizens with an area of freedom, security and justice without internal borders. This includes an area of justice in which a judicial decision from one Member State can be applied in another and citizens have easier access to justice. The European Union has made significant progress towards creating this area of freedom, security and justice. The impetus has been provided by two successive multiannual programmes that set out detailed priorities and initiatives to be taken in the various sectors.

The second programme - "The Hague Programme" - will have been more or less completed in 2009. Now we must look ahead and define the European Union's future priorities in this field, addressing major challenges such as taking greater account of citizens' interests, an increasingly globalised world requiring closer cooperation with non-EU countries and the constant progress of technology.

As part of the exchange of ideas that will lead to the definition of priorities for the next five years (2010-2014), the Commission has decided to launch a wide-ranging public consultation through the website:

http://ec.europa.eu/justice_home/news/consulting_public/news_consulting_public_en.htm 

More information

04/11/2008 

European Crystal Scales of Justice Prize 2008 has been awarded!

 

The biennial Crystal Scales of Justice Prize has been awarded to the UK's Small Claims Mediation Service as part of the celebrations for European Civil Justice Day.

The award is a joint initiative organised by the European Commission and the Council of Europe to recognise innovative practices that contribute to the quality of civil justice in Europe. It was presented on 24 October to coincide with the sixth annual European Civil Justice Day.

In total, 38 entries were received from 15 countries. Commissioner Jacques Barrot, responsible for Justice, Freedom and Security, praised the quality and quantity of entries, saying: "I would like to thank the many candidates who took part this year; the number has doubled since the previous awards in 2006. I truly believe that practical measures and mini reforms like this, carried out on the ground, at the level of the courts and procedures, are the way to make justice more accessible and more efficient." The Commissioner also expressed the hope that the prize-winning ideas be put into practice across the European Union.

The winning scheme, selected by a panel of 11 eminent lawyers, was the Small Claims Mediation Service of Her Majesty's Courts Service-Ministry of Justice (UK), which promotes the use of mediation services for claims of up to £5 000 (€6 200). Special mentions were also given to projects in France, Turkey and Italy.

European Civil Justice Day was marked by other events across the continent, including local conferences, open days and guided visits, all of which were aimed at bringing civil justice closer to citizens.

See also:

22/10/2008 

European Crystal Scales of Justice Award 2008

 

The European Commission and the Council of Europe are organising for the third time the competition "Crystal Scales of Justice" which will be held in Catania (Italy) on 24th of October.

Agenda en PDF 60 KB (PDF File 60 KB) 

Poster en PDF 518 KB (PDF File 518 KB)

21/10/2008 

European Civil Justice Day 2008

 

The European Civil Justice Day, established in 2003 by the Council of Europe and the European Commission, takes place on 25 October each year.
It aims at making civil justice more comprehensive to the European public.

Poster en fr de PDF 780 KB (PDF File 780 KB) 

More information

03/10/2008 

Publication: Juridictions des Etats membres

 

The European Court of Justice has published an updated general presentation on the judicial systems of the Member States titled "Juridictions des Etats membres". It is available through the Office of Publications, OPOCE.

More information PDF (PDF 417 KB)

15/09/2008 

Comparative study on enforcement procedures in EU Member States regarding family rights

 

The Commission has received the final report of the study on enforcement procedures in EU Member States regarding family rights.

The objectives of the study are as follows:

  1. to provide a comparative analysis of 25 EU Member States' legislation, organisation, procedures and practices with regard to the enforcement of family law judgments;
  2. to identify the practical difficulties and problems in this area encountered by citizens including those which prevent or adversely affect the exercise of parental responsibility; and
  3. to indicate possible solutions to these problems.
The study will serve as a basis for the Commission's future work in this area.

05/09/2008 

Choice of Court Agreements

 

On 5 September, the Commission has adopted a proposal for a Council Decision on the signing by the European Community of the Convention on Choice-of-Court Agreements

Text of the proposal [COM/2008/538 final] PDF (PDF 57 KB)
Impact assessment [SEC/2008/2389] PDF (PDF 307 KB)

23/06/2008 

Updated legal framework for the European Judicial Network

 

On 23rd of June, the Commission adopted a proposal for a Decision of the European Parliament and of the Council amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters

The Network took up its work in 2003. Its aim is to improve effective judicial cooperation between the Member States and effective access to justice for persons engaging in cross-border litigation.

The objective of the new proposal is to provide the Network with an updated legal framework, a more effective organisation and increased resources so that it can establish itself within the European area of justice as the key instrument of cooperation between all civil justice stakeholders.

Text of the proposal [COM/2008/0380 final]
bg cs da de et el en es fr it lv lt hu mt nl pl pt ro sk sl fi sv PDF File (PDF 69 KB)

19/06/2008 

REPLY TO MASS PETITION FROM THE POLISH JUDGES

 

The Commission received in May 2008 over 800 messages entitled as petition and raising the issue of proper status of judges in Poland.

The Commission has given the messages due consideration, but must regrettably inform the senders that the Commission cannot take action in domestic cases. Under the Treaty establishing the European Community and the Treaty on European Union, the Commission does not have any general power to intervene in individual cases relating to problems of general administration of justice or inefficiency of the judicial system. In particular, the Commission cannot assess either the domestic law regulating the administrative supervision over the courts by Ministry of Justice, or the issues regarding judges' salaries, since both topics have no link to Community law.

As to this last aspect, however, the Commission refers to the work of CEPEJ, the European Commission for the Efficiency of Justice inside the Council of Europe. CEPEJ is finalising the draft report on the judiciary system evaluation process for 2007. This document contains a specific part on the number of professional judges sitting in courts and the gross figures for payments as such. It is expected to be adopted in July 2008 by the Committee of Ministers of the Council of Europe.

The senders might find the information of the Report useful when possibly turning to the national authorities in their matter.

17/06/2008 

Regulation on the law applicable to contractual obligations (Rome I)

 

The Community has adopted on 17 June 2008 a Regulation 593/2008 which harmonises the rules concerning the law applicable to contractual obligations (to be known as "Rome I").

The regulation, building on the fundamental principle that the governing law of a contract is that agreed by the contracting parties, will provide citizens and companies of the European Union with the security to enter into a contract in the knowledge that courts in all Member States will apply the same law in case of a contractual disputes.

In turn, this will facilitate the mutual recognition of court decisions in the European Union. The Rome I Regulation, which will apply to contracts concluded after it's date of application (17 December 2009), will ensure a proper balance between the interests of the various parties involved in a cross-border dispute by identifying the law which is most appropriate.

Consumers, in particular, will benefit from better protection under the new rules, which are fully consistent with the common rules of jurisdiction laid down by the "Brussels I" Regulation of 22 December 2000. For example, the Regulation seeks to clarify the applicable law when a consumer buys a product on the internet from a company located in another Member State.

Regulation (EC) No 593/2008

13/06/2008 

International rules on child protection

 

European Ministers of Justice facilitate Member States' application of Hague Convention of 19 October 1996 on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children

The Hague Convention constitutes a crucial instrument to protect the interest of a children at worldwide level.

See also:

30/05/2008 

Towards a European strategy on e-Justice

 

The Commission has adopted a Communication to the European Parliament, Council and the EESC presenting ideas for the use of Information Society tools in the field of justice. The Communication deals with current and future initiatives which will help promote the European Justice Area.

See also:

01/06/2008 

European "Crystal Scales of Justice" Prize

 

Call for applications for the European "Crystal Scales of Justice" Prize

The European Commission and the Council of Europe are organising for the third time the competition "Crystal Scales of Justice".

The prize rewards innovative practice in European Courts that contributes to the quality of civil proceedings.

More information

Rules European "Crystal Scales" prize 2008 de en fr PDF 85 KB (PDF 85 KB)
Entry form de en fr Word 48 KB(Word 48 KB)

The deadline for the applications is 1st June 2008

23/04/2008 

Mediation in civil and commercial matters

 

On 23 April 2008, the European Parliament formally approved, without amendments, the Council's common position on the new Mediation Directive.

Following its signature by the President of the European Parliament and by the President of the Council, the new Directive will enter into force on the twentieth day following its publication in the Official Journal of the European Union. The purpose of the Directive is to facilitate access to dispute resolution and to promote the amicable settlement of disputes by encouraging the use of mediation and by ensuring a sound relationship between mediation and judicial proceedings.

The Directive is one of the follow-up actions to the Green Paper on alternative dispute resolution presented by the Commission in 2002, the other being the European Code of Conduct for Mediators established by a group of stakeholders with the assistance of the Commission and launched in July 2004.


Text of directive 2008/52/EC

See also: press release

23/04/2008 

New Eurobarometer survey on Civil Justice

 

Close to three-quarters of Europeans believe that additional measures should be taken to help citizens' access to civil justice in other Member States. Citizens prefer for these additional measures to be taken at an EU level through common rules. Over 8 out of 10 believe that the Union should intervene in the enforcement of civil court rulings in one Member State involving payment to be made in another Member State. These are the results of Special Eurobarometer 292 on civil justice in the European Union published in April 2008.

The full report as well as a summary can be found on the publications page of this website.

See also: press release de en fr - Memo

07/04/2008 

Civil Justice Programme - new call for proposals

 

The Call for Proposals JLS/CJ/2007-1 Action Grants intended to co-finance specific transnational projects has been launched.

The text of the call as well as the documents for applicants can be found on the Freedom, Security and Justice website.

The deadline for submission of applications is 20 May 2008

10/03/2008 

Forum for Discussing EU Justice Polices and Practice

 

On 4th February 2008, the Commission has organized an expert meeting on judicial training in order to discuss the best way to develop a common European legal culture. The meeting was attended by Judges, Prosecutors, lawyers, governmental authorities and national judicial training bodies as well as international stakeholders.

The same day, the Commission has adopted a communication - 'Creation of a Forum for Discussing EU Justice Polices and Practice' (COM/2008/38 final).

The Justice Forum will allow a permanent dialogue between DG JLS and stakeholders: Member States, judicial bodies, practitioners, specialist non-governmental organisations and academics.

The Forum will be officially launched on 30 May 2008 in Brussels.

10/03/2008 

Study on the use of public documents in the EU

 

The Commission has received the final report of the study on the use of public documents in the EU.

Synthesis Report PDF 2,4 MB (PDF 2,4 MB)

Executive summary PDF 219 KB (PDF 219 KB)

The national reports are available on the publications page (only available in EN for the moment).

06/03/2008 

The European Commission adopts a Green Paper "Effective Enforcement of judgments in the European Union: The Transparency of Debtors assets"

 

The European Commission adopted on the 06 March 2008 a Green Paper on Transparency of Debtors assets de en fr PDF File (PDF File 210 KB), with the aim to launching a broad consultation among interested parties on how to improve the transparency of debtor's assets in the European Union.

press release de en fr it


The Commission invites interested parties to submit comments by 30 September 2008 to the following address:

European Commission
Directorate-General for Justice, Freedom and Security
Unit C1 - Civil Justice
B - 1049 Brussels

Fax: +32-2/299 64 57

E-mail: JLS-coop-jud-civil@ec.europa.eu

The contributions received will be published on the internet, together with the identity of the contributor, unless such publication is likely to harm his or her legitimate interests. In that case the contribution may be published in anonymous form. Otherwise, the contribution will not be published, and its content will not be taken into account. Contributions will be published on the Commission's website.

Replies received to the Green Paper

Summary of the responses PDF File (PDF File 46 KB)

Privacy Statement PDF File (PDF File 16 KB)

04/03/2008 

Expert group - call for expressions of interest

 

Call for expressions of interest with a view to setting up a group of experts on the property consequences of marriage in the European Union ("PRM-III")

The European Commission invites applications with a view to setting up a group of experts on the property consequences of marriage in the European Union ("PRM-III") in accordance with this call for expressions of interest.

Full text of the call en fr PDF 28 KB (PDF 28 KB)  - application form en fr PDF 43 KB (PDF 43 KB)


The deadline for submission of applications is 30 April 2008

28/02/2008 

Civil Justice Programme - new call for proposals

 

The Call for Proposals JLS/CJ/2007-2 Operating Grants intended to co-finance the functioning of non-governmental organisations has been launched.

The text of the call as well as the documents for applicants can be found on the Freedom, Security and Justice website.


The deadline for submission of applications is 31 March 2008

08/02/2008 

Green Paper on conflict of laws in matters concerning matrimonial property regimes - replies to the Green paper

 

In November 2006, the Commission launched a public consultation on the Green Paper on conflict of laws in matters concerning matrimonial property regimes, including the question of jurisdiction and mutual recognition

A summary of the replies to the Green paper is now available:

Summary of the replies PDF File (PDF File 86 KB)

Replies received in reply to the Green Paper

22/01/2008 

Attachment of Bank Accounts - replies to the Green paper

 

In October 2006, the Commission published a Green Paper "Improving the efficiency of the enforcement of judgments in the European Union: the Attachment of Bank Accounts", which was followed by a public consultation.

67 replies were received. A summary of the replies to the Green paper is now available:

Summary of the replies English français PDF File (PDF File 46 KB)

Replies received in reply to the Green Paper

10/12/2007 

New Regulation on the service of judicial and extrajudicial documents

 

On 13 November 2007, Regulation (EC) No 1393/2007 PDF File (PDF File 15 MB) of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 was adopted.

As of 13 November 2008, the new Regulation will replace Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

The main modifications with respect to Council Regulation (EC) No 1348/2000 are:

  • Introduction of a rule providing that the receiving agency shall take all necessary steps to effect the service of the document as soon as possible, and in any event within one month of receipt.
  • Introduction of a new standard form to inform the addressee about his right to refuse to accept the document to be served at the time of service or by returning the document to the receiving agency within one week.
  • Introduction of a rule providing that costs occasioned by recourse to a judicial officer or to a person competent under the law of the Member State addressed shall correspond to a single fixed fee laid down by that Member State in advance which respects the principles of proportionality and nondiscrimination.
  • Introduction of uniform conditions for service by postal services (registered letter with acknowledgement of receipt or equivalent).

05/12/2007 

Report on the application of the Council Regulation (EC) 1206/2001 (Taking of evidence)

 

On 5 December 2007, the Commission adopted its report PDF File (PDF File 258 KB) on the application of the Council Regulation (EC) 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

The report has been prepared in accordance with Article 23 of the Regulation. It concludes that the application of the Regulation has generally improved, simplified and accelerated the cooperation between the courts on the taking of evidence in civil or commercial matters. The Regulation has achieved its two main objectives, namely firstly to simplify the cooperation between Member States and secondly to accelerate the performance of the taking of evidence, to a relatively satisfactory extent. Simplification has been brought about mainly by the introduction of direct court-to-court transmission (although requests are still sometimes or even often sent to central bodies), and by the introduction of standard forms. As far as acceleration is concerned, it can be concluded that most requests for the taking of evidence are executed faster than before the entry into force of the Regulation and within 90 days as foreseen by the Regulation. Consequently, modifications of the Regulation are not required, but its functioning should be improved. In particular in the current period of adaptation which is still ongoing, there are certain aspects concerning the application of the Regulation which should be improved.

The Commission

  • encourages all further efforts - in particular beyond the dissemination of the practice guide - to enhance the level of familiarity with the Regulation among legal practitioners in the European Union.
  • is of the view that measures should be taken by Member States to ensure that the 90 day time frame for the execution of requests is complied with.
  • is of the view that the modern communications technology, in particular videoconferencing which is an important means to simplify and accelerate the taking of evidence, is by far not used yet to its possible extent, and encourages Member States to take measures to introduce the necessary means in their courts and tribunals to perform videoconferences in the context of the taking of evidence.

30/10/2007 

New Lugano Convention

 

On 30 October, a new Convention on jurisdiction and the enforcement of judgments in civil and commercial matters with Switzerland, Norway, and Iceland has been signed in Lugano (Switzerland), in the name of the European Community. This new Convention replaces the 1988 Lugano Convention on the same subject matter.

See Press Release  Deutsch  français  italiano

25/10/2007 

European Civil Justice Day 2007

 

The European Civil Justice Day, established in 2003 by the Council of Europe and the European Commission, takes place on 25 October each year.
It aims at making civil justice more comprehensive to the European public.

More information:The European Civil Justice Day Deutsch English français Nederlands
  National events

01/10/2007 

Studies on Council Regulation (EC) No 44/2001 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters

 

The Commission has received the final reports of two studies which have been carried out with a view to evaluating the application of Council Regulation (EC) No 44/2001 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters (the "Brussels I Regulation"). A first study concerns a general evaluation of the application of the Regulation in all its aspects. A second study concerns the exorbitant grounds of jurisdiction. Both studies will serve as a basis for the Commission's report pursuant to Art. 73 of the Brussels I Regulation.

I) Report on the Application of Regulation Brussels I in the Member States

Report on the Application of Regulation Brussels I in the Member States PDF File (PDF File 1.383 KB)

Belgium PDF File (PDF File 145 KB)Czech Republic PDF File (PDF File 244 KB)
Germany PDF File (PDF File 734 KB)Estonia PDF File (PDF File 158 KB)
Ireland PDF File (PDF File 234 KB)Greece PDF File (PDF File 232 KB)
Spain PDF File (PDF File 253 KB)France PDF File (PDF File 254 KB)
Italy PDF File (PDF File 214 KB)Cyprus PDF File (PDF File 121 KB)
Latvia PDF File (PDF File 186 KB)Lithuania PDF File (PDF File 115 KB)
Luxembourg PDF File (PDF File 188 KB)Hungary PDF File (PDF File 249 KB)
Malta PDF File (PDF File 146 KB)Netherlands PDF File (PDF File 235 KB)
Austria PDF File (PDF File 642 KB)Poland PDF File (PDF File 316 KB)
Portugal PDF File (PDF File 476 KB)Slovenia PDF File (PDF File 266 KB)
Slovakia PDF File (PDF File 130 KB)Finland PDF File (PDF File 148 KB)
Sweden PDF File (PDF File 38 KB)England PDF File (PDF File 1270 KB)
Scotland PDF File (PDF File 190 KB)

II) Study on Residual Jurisdiction

Study on Residual Jurisdiction PDF File (PDF File 681 KB)

National Reports:

Belgium PDF File (PDF File 168 KB)Bulgaria PDF File (PDF File 151 KB)
Czech Republic PDF File (PDF File 204 KB)Denmark PDF File (PDF File 101 KB)
Germany PDF File (PDF File 165 KB)Estonia PDF File (PDF File 104 KB)
Ireland PDF File (PDF File 183 KB)Greece PDF File (PDF File 163 KB)
Spain PDF File (PDF File 146 KB)France PDF File (PDF File 235 KB)
Italy PDF File (PDF File 122 KB)Cyprus PDF File (PDF File 113 KB)
Latvia PDF File (PDF File 155 KB)Lithuania PDF File (PDF File 234 KB)
Luxembourg PDF File (PDF File 129 KB)Hungary PDF File (PDF File 265 KB)
Malta PDF File (PDF File 108 KB)Netherlands PDF File (PDF File 197 KB)
Austria PDF File (PDF File 186 KB)Poland PDF File (PDF File 173 KB)
Portugal PDF File (PDF File 186 KB)Romania PDF File (PDF File 131 KB)
Slovenia PDF File (PDF File 222 KB)Slovakia PDF File (PDF File 147 KB)
Finland PDF File (PDF File 123 KB)Sweden PDF File (PDF File 127 KB)
England PDF File (PDF File 158 KB)Scotland PDF File (PDF File 186 KB)

 

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