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Call for Papers: Judges in Utopia – Civil Courts as European Courts

We would like to invite young scholars to submit a paper for the upcoming conference entitled ‘Judges in Utopia: Civil Courts as European Courts’, which will take place in Amsterdam on 7 and 8 November 2019.

The conference’s aim is to reflect with legal scholars and practitioners on the reconceptualization of the role of civil courts in today’s European private legal order. Specifically, the conference’s focus lies on the courts’ potential to open up space in the deliberative process on concepts of justice in European private law. Proposals addressing the following issues and themes are particularly welcome, as are inter-disciplinary, theoretical and case-study based approaches:

  • the impact of fundamental rights on European private law and civil procedure;
  • the way(s) in which judges may deal with different conceptions of justice at EU and national level;
  • the legitimacy of judicial law-making in European private law;
  • the contribution of private law adjudication to polity-building in Europe.

The call for papers is open for young scholars, who are currently PhD researchers or who are post-doctoral researchers and have defended their PhD after 1 January 2016.

Proposals in form of an extended abstract (max. 500 words) should be submitted for review by 15 February 2019 to Betül Kas: b.kas@uva.nl. Submissions will be selected based on quality, originality, and their capacity to incite fruitful debates. Decisions on accepted submissions will be made by 1 April 2019. Authors whose contributions are accepted will be invited to present their paper at the conference and will be expected to submit their paper beforehand. Final papers will be circulated among the participants in advance of the conference. The organisers aim to publish some or all conference proceedings in an edited volume with a reputable publisher or a special issue of a European law journal.

Travelling and accommodation costs for presenters will be covered.

More information on the conference and the ‘Judges in Utopia’ project can be found at https://judgesinutopia.eu

The project team:

Prof. Dr. Chantal Mak

Dr. Betül Kas, LL.M.

Anna van Duin, LL.M., MJur (Oxon)

Laura Burgers, LL.M., BA

Fien de Ruiter, BA

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.