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European Council (Art. 50) (23 March 2018) – Guidelines
Today, the European Council has published a document of guidelines with a view to the opening of negotiations on the overall understanding of the framework for the future relationship EU-UK. In our field of interest those are the relevant ones
10. The future partnership should include ambitious provisions on movement of natural persons, based on full reciprocity and non-discrimination among Member States, and related areas such as coordination of social security and recognition of professional qualifications. In this context, options for judicial cooperation in matrimonial, parental responsibility and other related matters could be explored, taking into account that the UK will be a third country outside Schengen and that such cooperation would require strong safeguards to ensure full respect of fundamental rights.
Judicial cooperation in civil matters is not mentioned.
Guidelines 7 and 15 refer to the CJEU:
7. The European Council further reiterates that the Union will preserve its autonomy as regards its decision-making, which excludes participation of the United Kingdom as a third-country in the Union Institutions and participation in the decision-making of the Union bodies, offices and agencies. The role of the Court of Justice of the European Union will also be fully respected.
15. Designing the overall governance of the future relationship will require to take into account:
iii) the requirements of the autonomy of the EU legal order, including the role of the Court of Justice of the European Union, notably as developed in the jurisprudence.
Future work of the HCCH
By the Permanent Bureau of the Hague Conference on Private International Law (HCCH)
From 13 to 15 March 2018, Members of the HCCH gathered in The Hague for the meeting of the Council on General Affairs and Policy. The Council was attended by 171 participants, representing 63 Members, one REIO and observers from four IGOs / eight NGOs.
The Council reviewed the work of the Organisation carried out during the previous year and charted the course for future work.
It recognised the very good progress made on the Judgments Project and mandated the Permanent Bureau to continue preparations for a Fourth and final Special Commission meeting in May 2018. The Council asked the Permanent Bureau to make arrangements for the preparation of a Diplomatic Session in mid-2019.
The Council also welcomed the work of the Experts’ Group on Parentage / Surrogacy and instructed the Permanent Bureau to convene two more meetings of this group. The Experts’ Group will report to Council at its 2019 Meeting.
The Council invited the Members to provide the Permanent Bureau with comments and a list of additional issues to be addressed in the finalised Report on the Tourists and visitors Project. Following a meeting of an Experts’ Group, the finalised Report of the Consultant and the Experts’ Group’s Conclusions and Recommendations will be submitted to the Members before the end of 2018, for consideration by the Council at its 2019 Meeting.
The Draft Practical Guide to Family Agreements under the Hague Conventions will be submitted to the Council at its meeting in 2019.
Furthermore, the Council mandated its Chair to advise the Netherlands Standing Government Committee on Private International Law that it recommends the reappointment of the Secretary General for a further term of five years.
The full Conclusions & Recommendations are available in English and French.
For further information, see https://www.hcch.net/en/governance/council-on-general-affairs.
Please note that the meetings above-mentioned are open only to delegates or experts designated by the Members of the Hague Conference, invited non-Member States and International Organisations that have been granted observer status.
Reminder: German Workshop on Cross-Border Enforcement in the EU (“IC2BE”)
As we have already announced on this blog, the Albert-Ludwigs-University of Freiburg (Germany) will host a workshop on Friday, 13 April 2018, in the framework of the research project “Informed Choices in Cross-Border Enforcement” (IC2BE). An updated flyer with further information has just been released here. The project aims to assess the working in practice of the “second generation” of EU regulations on procedural law for cross-border cases, i.e. the European Enforcement Order, Order for Payment, Small Claims and the Account Preservation Order Regulations. Confirmed speakers include Professors Gerald Mäsch (University of Münster), Ivo Bach (University of Göttingen) and Stefan Huber (University of Tübingen), as well as Dr. Denise Wiedemann (Max-Planck-Institute, Hamburg) and Dr. Bernhard Ulrici (University of Leipzig). Their presentations will be commented on by distinguished practitioners, namely Dr. Max Peiffer (Munich), Prof. Dr. Andreas Baumert (Achern), Dr. Knut Messer (judge at the Central German Court for European Orders for Payment, Berlin), Dr. Bartosz Sujecki (Amsterdam), Dr. David Einhaus (Freiburg) and Dr. Nils H. Harbeck (Hamburg). The language of the workshop will be German. Participation is free of charge, but requires a registration.