A comprehensive Commentary, edited by Professor Sabine Corneloup and published by Edward Elgar Publishing, was recently released providing an in-depth analysis of the Rome III Regulation implementing enhanced cooperation in the area of the law governing cross-border divorce and legal separation. The Commentary is a welcome addition to Elgar’s already thriving ‘Commentaries in Private International Law’ series.
Written by a team of internationally renowned experts of private international law in family matters, the Commentary analyses, on an article-by-article basis, and contextualises the provisions of the Rome III Regulation, providing clear insight into the rationale behind the text. Substantive values and political choices underlying the adoption of the Regulation are factored in the analysis, offering the reader a thorough and comprehensive illustration of the objectives pursued with each article and with the Regulation, overall. In this context, each provision is pondered in connection with, inter alia, the relevant fundamental rights such as non-discrimination between spouses, self-determination of the individual, the protection of the right to marry, and the right to respect for family life. Read more...
The first issue of 2020 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) was just released. It features:
Antonietta Di Blase, Professor at the University of Roma Tre, Sull’interpretazione delle convenzioni e delle norme dell’Unione europea in materia di diritto internazionale privato (‘On the Interpretation of the European Private International Law Conventions and Provisions’; in Italian) Read more...
fourth issue of 2019 of the Rivista di diritto internazionale privato e processuale (RDIPP,
published by CEDAM) was just released. It features:
Professor at the University Milan-Bicocca, La
tutela dei minori migranti e il diritto internazionale privato: quali rapporti
tra Dublino III e Bruxelles II-bis? (The Protection of Migrant Minors and
Private International Law: Which Relationship between the Dublin III and
Brussels IIa Regulations?; in Italian) Read more...
- Few studies have investigated the relation between Migration Law and PIL. Even less have focused on the interaction between Brussels IIa and Dublin III Regulations. The present study, moving from the often declared assumption that ‘a migrant minor is first of all a minor’ focuses on the coordination between the two Regulations and the possible application of Brussels IIa to migrant minors in order to adopt protection measures to be eventually recognized in all EU Member States or to possibly place a minor in another EU Member State.
Carlos Santaló Goris,
Researcher at the Max Planck Institute Luxembourg for International, European
and Regulatory Procedural Law and Ph.D. candidate at the University of
Luxembourg, offers a summary and an analysis of the CJEU’s judgment in Joined
cases C-453/18 and C-494/18 – Bondora.
On 19 December 2019, the
Court of Justice of the European Union (“CJEU”) rendered its 10th judgment on Regulation
1896/2006 establishing a European Payment Order (“EPO Regulation”). The EPO
Regulation introduced the most successful of the uniform civil procedures at
European level, allowing creditors the cross-border recovery of pecuniary
claims. In this long awaited judgment (particularly by the Spanish tribunals
and academia), the CJEU resolved the following inquiry: can tribunals request
additional information from the creditor relating to the terms of the agreement
in order to examine ex officio the
fairness of the terms of the contract invoked as a basis for a European Payment
Order (“EPO”)? Read more...
Under the direction of Professor Eduardo Oteiza (La Plata National University, Argentina) and Professor Burkhard Hess (Max Planck Institute Luxembourg for Procedural Law), the 4th edition of the IAPL–MPI Summer School will take place at the MPI Luxembourg on 27-30 July 2020.
The Summer School aims at bringing together outstanding young
post-Doc researchers dealing with international and comparative procedural law
as well as with other relevant dispute mechanisms for civil disputes. By way of
exception, researchers at the very final stage of their Ph.D. project may also
be admitted. Read more...
Annual Conference of the Italian Society of International and EU Law (ISIL)
on Shared Values
and Commons in the International and Supranational Dimension will
be hosted at the University of
Salento on 18-19 June
2020. The Conference will
consist of three sessions on the
respect and promotion of the democratic values and of the rule of law
in the international and European legal orders;
principle of environmental conservation,
with special emphasis on sustainability;
-The threats to human rights due
to the increasing role played by new technologies in contemporary societies. Read more...
On 13-14 February 2020, ERA (Academy of European Law) will host a Seminar in Strasbourg to present the major judgments related to family matters issued by the European Court of Human Rights (ECtHR) in 2019. The focus of the presentations will be mainly on:
- Children in European migration law
- Parental rights, pre-adoption foster care and adoption
- Parental child abduction
- Reproductive rights and surrogacy
- LGBTQI rights and gender identity
The Seminar, organised by Dr Angelika Fuchs, will provide participants with a detailed understanding of this recent jurisprudence. The focus will be placed, in particular, on Article 8 ECHR (respect for private and family life) and the analysis of the case law of the ECtHR will tackle the legal implications but it will also extend to social, emotional and biological factors. Read more...
The Max Planck Institute Luxembourg is currently recruiting new members for its team. Two types of positions are currently open:
I. Research Fellow in EU and Comparative Procedural Law (PhD candidate)
The Max Planck Institute Luxembourg would like to appoint highly qualified candidates for two open positions as Research Fellow (PhD candidate) for the Research Department of European and Comparative Procedural Law
- Fixed-term contract for 24 months, a contract extension is possible, 40 hrs/week
The Research Fellow will conduct legal research (contribution to common research projects and own publications), particularly in the field of European and Comparative Procedural Law, while playing a central role in undertaking and developing team-driven projects within the Institute and in partnership with international collaborators. Read more...
Carlos Santaló Goris, Researcher at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, and Ph.D. candidate at the University of Luxembourg, offers a summary and an analysis of the CJEU Case C-555/18, K.H.K. v. B.A.C., E.E.K.
On 7 November 2019, the CJEU released the very first decision on Regulation 655/2014 establishing a European Account Preservation Order (“EAPO Regulation”). From the perspective of European civil procedure, this instrument is threefold innovative. It is the first uniform provisional measure; it is also the very first ex parte piece of European civil procedure (and reverses the Denilauer doctrine); and the first one which, though indirectly, tackles civil enforcement of judicial decisions at European level. This preliminary reference made by a Bulgarian court gave the CJEU the opportunity to clarify certain aspects of the EAPO Regulation. Read more...
The University of Milan will host the third edition of its Doctoral Seminar in Public, International and European Law from 19 to 21 March 2020.
The Seminar tackles ‘Digitalization and Mobility: How Technology Affects Flows of People, Services and Goods’ and it will be structured in four panels, focusing on the following subjects: Read more...
- Digitalization and international law: How the use of digital technologies impact international relations, international trade and cross-border transactions.
- Tax and digitalisation: The reconfiguration of value chain and the impact on direct and indirect taxation.
- Digitalization and people’s mobility: Protecting fundamental rights.
- Urban mobility and public services: How new technologies can impact urban mobility and the provision of public services.