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Brussels IIa Recast: general agreement in the Council
Thanks to Emmanuel Guinchard for the tip through his blog on European Civil Justice
On 7 December the Council of the European Union approved the General Approach on the Brussels IIa Recast proposed by the Presidency on 30 November 2018.
The text has been heavily discussed and has undergone several changes since the original Commission Proposal of 30 June 2016.
Importantly, the Council has agreed on:
- the complete abolition of exequatur;
- a limitation of jurisdiction for provisional measures to States where the child or property belonging to the child is present;
- allowing the cross-border recognition and enforcement of provisional measures granted by the court to where the child has been abducted when ordering the return;
- the harmonisation of certain rules on actual enforcement;
- making the time frame for return proceedings and their enforcement more stringent;
- providing for the hearing of children;
- clearer rules on the placement of children;
- clearer rules on the circulation of extra-judicial agreements.
See the press release here.
See the General Approach document here.
This probably means that the refinement of the final Regulation will be done within the next few months.
Vacancy at the University of Bremen: Paid PhD-Researcher Position in Private International Law
The University of BremenLaw School will recruit a doctoral researcher in Private International Law (‘wissenschaftlicher Mitarbeiter’ m/w/d), part time 50 per cent, starting in early 2019, for a duration of 36 months.
The researcher will work on the project ‘Rome Regulations. Commentary, 3rded. (Calliess/Renner eds.)’. In addition, there is a teaching obligation of 2 hours/week, 28 weeks/year in small groups under the supervision of Professor Calliess. Next to that candidates are expected to work on a PhD-thesis (doctor iuris), preferably in the area of private international law, international civil procedural law, or transnational private law.
Candidates shall hold a law degree comparable to the German ‘Prädikatsexamen’ (4-5 years of studies and graduation among the top 20 per cent of the year). A very good command of English is required, while a good command of German is an additional asset.
The position will provide a net income of ca. 1200-1300 €/month and includes social security. For further inquiries and to apply contact Professor Calliess at g.calliess@uni-bremen.de.
Deadline for applications with a letter of motivation, CV and certificates: 7 January 2019.
The legally binding call for applications A305/18is in German only and to be found here.
15th Regional Private International Law Conference, Prishtina, 30 November, 2018
The University of Prishtina is hosting on November 30 the 15th Regional Private International Law Conference. This year’s edition focuses on the 1982 Yugoslav Private International Law Act [“From the 1982 PIL Act towards new PIL Acts in the region”].
The draft agenda is as follows:
Location: The Professors’ Room, Faculty of Law, University of Prishtina.
09:30- 09:45 Welcoming remarks
Prof. Haxhi Gashi, Dean of Faculty of Law and Mr. Abelard Tahiri, Minister of Justice
09:45-10:10 Prof. Asllan Bilalli
“Kosovo’s new Draft Act on Private International Law”
10:10 – 10:30 Prof. Hajredin Kuçi
“Kosovo’s New Draft Civil Code- a brief presentation of the key ideas and approximation with EU Private Law
11:15 – 11:35 Prof. Hrvoje Sikiric
“The New Croatian Act on Private International Law and developments in the region”
11:35 – 11:40 Prof. Nada Dollani, Prof. Aida Gugu Bushati and Prof. Eniana Qarri
“Property Regime under Albanian Private International Law; a comparative view”
13:30 – 13:50 Dr. Christa Jessel- Holst
“Enforcement of judgments originating from West Balkan countries in Germany”
13:50 – 14:10
Prof. Denis Salomon
“Res iudicata and conflicting decisions under the Brussels Ibis Regulation and the New York Convention”
14:30 – 14:50 Prof. Slavko Djordjevic
Topic TBD
14:50 – 15:10 Toni Deskoski and Prof. Vangel Dokovski
“Limitations of the principle of party autonomy under the Hague Principles on Choice of Law in International Contracts”
15:10 -15:30 Discussion and Closing remarks