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New publication: Silvia Marino, I rapporti patrimoniali della famiglia nella cooperazione giudiziaria civile dell’Unione europea
Silvia Marino has just published her new book on cross-border family patrimonial relationships. Here’s an abstract prepared by the author in English:
This study tackles the PIL-related aspects of the cross-border family’s patrimonial relationships. The main focus is on the coordination and the coherence of the different International and European sources of law, taking as cornerstones the two recent EU Regulations on the matrimonial property regimes and the patrimonial effects of registered partnerships. The other fields dealt with are international successions and maintenance, as part of the global patrimonial organization of the family. Due to the high number of International and European measures within this fields, the volume offers an accurate evaluation of the final coherence of the legislation, with particular regard within the EU.
The book starts with an historical introduction and a first analysis of the definitions (with particular regard to the current notion of family). Then, it tackles all the classical topics of PIL, under the light of the coherence of the patrimonial organization within the family. The first chapter analyses the coordination of International, European and National sources, as a necessary step to determine the applicable normative measure. Then, the study presents an examination of the convergences and divergences of the regulations in the different sources of law. The first parameter is the role of party autonomy, both within the determination of international jurisdiction and the conflict of laws. Indeed, all the measures examined leave a margin of freedom of choice in favour of the parties, which should stem into coherent outputs. The second parameter is the determination of the international jurisdiction, followed by the connecting factors, and the impact of their application to the coherence of the property regime’s regulation. The third parameter is the (scarce) legislation on the general issues of PIL, as rules on the correct functioning and application of the conflict of law rules. Finally, the last part is devoted to the different models of transnational circulation of judicial decisions, authentic instruments and Court settlements, which might have evidentiary and even enforceable effects within EU Member States. The number of acts that can freely circulate within the EU risks creating difficulties at the enforcement stage. The conclusions offer some few further ideas on the future developments of an EU Area of Freedom, Security and Justice.
Young Private International Law in Europe Workshop on ‘Recognition/Acceptance of Legal Situations’
Following the Second German Conference for Scholars in Private International Law, which will take place on 4 and 5 April 2019 at the University of Würzburg, Germany, the newly established research network Young Private International Law in Europe hosts a workshop on ‘Recognition/Acceptance of Legal Situations’. The organisers, Susanne Goessl (University of Bonn) and Martina Melcher (University of Graz), have kindly provided the following invitation:
Despite common rules, mutual interests, and similar challenges, a pan-European discussion of private international law issues among the ‘junior faculty’ is still missing. We want to change this by creating a network that brings young scholars together and allows a truly European exchange in the context of a particular topic.
With that purpose in mind, a small group of young scholars from various European countries has been engaging in a closer dialogue to address a common issue – namely the ‘recognition/acceptance of legal situations’ as required by the ECJ regarding names and, most recently, marriages. Each group member gathered information regarding their home jurisdiction and drafted a (preliminary) national report. Awareness, legal rules, and methodological approaches differ – sometimes tremendously.
On April 5, 2019, the group will meet in Würzburg (Germany) to present and discuss the preliminary results of the comparative study. During the first session (2.30 – 3.30 pm), which will form an annex to the German Young Private International Law Conference in Würzburg (https://www.jura.uni-wuerzburg.de/lehrstuehle/rupp/tagungen/ipr-nachwuchstagung/) and is open to the public, an overview will be given and particular methodological issues will be addressed. Afterwards, the group and a limited number of external participants will have the chance to engage in a more in-depth discussion in the context of a workshop (4 – 6 pm). The working language for both sessions is English.
We cordially invite any ‘junior faculty’ member of universities in EU Member States who is interested in the topic and the network itself to join us.
For the public session, please register at https://iprtagung2019.typeform.com/to/le2P2c (when prompted, select ‘Friday: project presentation “Recognition of Status”). If you are also interested in joining the workshop, we would kindly invite you to write a short e-mail to Susanne Gössl (sgoessl@uni-bonn.de) or Martina Melcher (martina.melcher@uni-graz.at) by March 1, 2019. Both sessions are free of charge, but for the workshop only a limited number of places is available. In exceptional cases, we might be able to reimburse some of the travel costs.
Further information and a detailed programme are available at: https://www.jura.uni-wuerzburg.de/lehrstuehle/rupp/tagungen/ipr-nachwuchstagung/
Council and Parliament reach agreement on the Directive on Preventive Restructuring Frameworks, Second Chance and Measures to Increase the Efficiency of Restructuring, Insolvency and Discharge Procedures
by Lukas Schmidt
Roughly two years ago the Commission presented the proposal for a Directive on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedure (see Blogpost ). After a lively debate the Council has now confirmed an agreement reached with the Parliament on the directive in December last year (see press release of 19 December 2018).
According to the press release several provisions were added or amended compared to the Council’s positions including the introduction of provisions on the duties of company directors in insolvency proceedings, an article on worker’s rights to recall that member states should ensure that the existing rights of workers under national and Union law are not affected by the preventive restructuring procedure and provisions on the appointment of a restructuring practitioner.
The text still has to be formally adopted by the Council and Parliament. Member states will then have 2 years for implementation, although they can ask the Commission for an additional year for implementation.