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Now online: Report on the IC²BE Workshop on Setting up a European Case Law Database
On 26 February 2018, a well-attended, high-level workshop on the organization of databases on European civil procedural law took place at the Max-Planck-Institute (MPI) Luxembourg that was organized by Prof. Dr. Dr. h.c. Burkhard Hess and our fellow conflictoflaws.net-editor Prof. Dr. Marta Requejo Isidro.
The event gathered contributions of experts from the European Commission, the European Court of Human Rights and the Court of Justice of the European Union. The workshop was part of a research project in which the MPI is participating together with major European Universities (Antwerp, Complutense, Freiburg [coordinator], Milan, Rotterdam, Wroclaw), the so called IC²BE study (Informed Choices in Cross-Border Enforcement). The final aim of this endeavor is 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 (as amended by Regulation [EU] 2015/2421) and the Account Preservation Order Regulations. Marta Requejo Isidro has written a detailed report on the workshop that is available at the MPI’s website here.
Online symposium on the private international law of parentage and filiation
Dr. Philipp M. Reuß (University of Munich) is organizing a serialized online symposium on the private international law of parentage and filiation. The conferences will be held in German and feature a list of highly distinguished experts. The first event will take place on 19 April 2018, at 2 p.m. (local time). For the programme and further information on registration, please click here.
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.