Last week, the EAPIL blog published a post on the EU feedback period on modernising judicial cooperation between EU countries – use of digital technology (see here). This feedback period is open until 5 February 2021 (midnight Brussels time) and may be provided by clicking here.  A possible future type of act is a proposal for a regulation.

The relevant documents are: the Inception impact assessment – Ares(2021)172677 (available on the feedback page) and the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

In general, the objective and target groups of such feedbacks are: “Inception Impact Assessments aim to inform citizens and stakeholders about the Commission’s plans in order to allow them to provide  feedback  on  the  intended  initiative  and  to  participate  effectively  in  future  consultation  activities. Citizens  and stakeholders  are  in  particular  invited  to  provide  views  on  the  Commission’s  understanding  of  the  problem  and  possible solutions  and  to  make  available  any  relevant  information  that  they  may  have,  including  on  possible  impacts  of  the  different options.” But it is possible for non-EU citizens to provide feedback.

Apparently, an official public consultation – by way of a questionnaire – is upcoming (although there seems to be a mistake on the year on the website).

As stated on the EU website, the summary of this initiative is the following:

“This initiative aims to make judicial cooperation in cross-border cases throughout the EU more efficient and more resilient to crises, such as the COVID-19 pandemic.

It will make it mandatory for the authorities involved in each country to use digital technology, instead of paper, to communicate.

It will improve access to justice by ensuring that individuals, businesses and legal practitioners involved in cases can communicate digitally with the competent authorities in the other countries.”

It is worth noting the following excerpt of the Impact Assessment about the likely economic impacts:

“Positive. The initiative could require new investment from EU countries to develop the necessary infrastructure that can interact with e-CODEX. Investment  would  depend  on  the  current national level  of digitalisation, level  of involvement  in the e-CODEX  project, the  interoperability  of  solutions  implemented by EU countries and  the possibility under national law to allow for electronic transmissions. However, in the long run, digitalization of justice would significantly decrease the costs incurred by national justice systems in cross-border procedures.

To  address cost  concerns,  the initiative could  also propose that  the  Commission  develops  and  provides EU countries with a reference implementation software solution (back-end portal) for their national use.

As mentioned in the Communication on the digitalization of justice, the upcoming Multiannual Financial Framework and financial instruments for Next Generation EU could also provide funding.

The EU countries could reduce costs by re-using the infrastructure being developed for the European Investigation Order in criminal proceedings (eEDES) and for Service of Documents and Taking of Evidence also for other judicial cooperation instruments.

With  its  potential  to substantially cut  the cost of participating in cross-border  cases,  the  initiative would also directly  benefit citizens  and  businesses  (including small/medium  firms)  concerned  by  the various  EU civil  law instruments. Use  of  these  instruments  (e.g. the  European  Small  Claims  procedure  and  European Order for Payment) by citizens, businesses and legal practitioners would also increase, through the new electronic access point.”

The EU press release is available here.

Written by Aline Beltrame de Moura, Professor at the Federal University of Santa Catarina, in Brazil

It is with great satisfaction that we announce the launch of the Portal of the Latin American Center of European Studies (LACES) – www.eurolatinstudies.com.

The portal proposes to create a channel for dialogue and exchange of good practices between Latin America and Europe through the dissemination of innovative scientific research with the Latin American Journal of European Studies, and relevant news and events in the Observatory on European Studies.

The proposed activities are developed within the scope of the Jean Monnet Network “BRIDGE Project” of the Erasmus + Program of the European Commission, which has a research network formed by professors and researchers from several Latin American and European universities.

We inform that we are already open for submissions of articles for the Journal and news for the Observatory.

In addition, we take the opportunity to invite all the academic community to submit their scientific papers to the Workshop event of the I Jean Monnet Network – BRIDGE Seminar on “EU – Latin America Trade and Investment Relations”, which will take place on the 15 March 2021, at the University of Lisbon (Portugal), through online platform.

The best articles will receive a prize, and it will be possible to publish in the Latin American Journal of European Studies, as well as in the Seminar Annals both backed by AAFDL Publisher. It is also possible to present your paper during the event.

Those who are interested must submit their full article until 8 February 2021 to the e-mail: network@eurolatinstudies.com.

For more information: https://eurolatinstudies.com/index.php/laces/announcement/view/2

Written by Abubakri Yekini

We wish to share with us the shocking news of the demise of Professor Jonathan Fitchen. Prof Fitchen died today, Friday 22nd January 2021. His death was announced by Prof Greg Gordon, the Head of Aberdeen Law School in an e-mail sent to colleagues earlier today.

Until his death, Fitchen was a Professor of Law at the University of Aberdeen, Scotland. He was also the Director of the Centre for Private International Law and the Convenor of the Board of Examiners for the Law School. Prof Fitchen is the author of The Private International Law of Authentic Instruments which was published in the Hart Studies of Private International Law in November 2020. The first chapter is currently accessible for free online.

Prof Fitchen was promoted to a Personal Chair a week before his death. On a personal note, this was a piece of cheering news to me. I am glad that Prof Fitchen received the news of his promotion and witnessed the publication of the book that has taken him several years of hard work before he died.

Prof Fitchen (together with Prof Beaumont) supervised my PhD thesis which I defended in May 2020. Despite his health challenges, he would always create time to discuss my thesis with me and his feedback is always excellent. He was a great mentor.

He is survived by his wife Kathrin and his children Thomas and Sofia.

Addendum Jan 26: The University of Aberdeen has published a tribute.

In the context of its investigation on the issues surrounding the Autonomous v. Nationalistic Interpretation of the 1958 New York Convention, and as a follow up to the first Seminar it organized in this framework, on 25 January 2021 the NYU Center for Transnational Litigation, Arbitration, and Commercial Law will host a second Seminar.

The event will feature internationally renowned scholars who will address core issues such as:  ‘Incapacity’ (Francesca Ragno); ‘Deviations from the agreed procedure’ (Friedrich Rosenfeld); ‘Public policy’ (Giuditta Cordero-Moss); ‘Procedure to enforce and arbitral award’ (Lucas Siyang Lim).

More information on this event is available here.