Views
Montenegro’s legislative implementation of the EAPO Regulation: setting the stage in civil judicial cooperation
Carlos Santaló Goris, Lecturer at the European Institute of Public Administration in Luxembourg, offers an analysis of an upcoming legislative reform in Montenegro concerning the European Account Preservation Order
In 2010, Montenegro formally became a candidate country to join the European Union. To reach that objective, Montenegro has been adopting several reforms to incorporate within its national legal system the acquis communautaire. These legislative reforms have also addressed civil judicial cooperation on civil matters within the EU. The Montenegrin Code of Civil Procedure (Zakon o parni?nom postupku) now includes specific provisions on the 2007 Service Regulation, the 2001 Evidence Regulation, the European Payment Order (‘EPO’), and the European Small Claims Procedure (‘ESCP’). Furthermore, the Act on Enforcement and Securing of Claims (Zakon o izvršenju I obezbe?enju) also contains provisions on the EPO, the ESCP, and the European Enforcement Order (‘EEO’). While none of the referred EU instruments require formal transposition into national law, the fact that it is now embedded within national legislation can facilitate its application and understanding in the context of the national civil procedural system.
The Supreme Administrative Court of Bulgaria’s final decision in the Pancharevo case: Bulgaria is not obliged to issue identity documents for baby S.D.K.A. as she is not Bulgarian (but presumably Spanish)
This post was written bij Helga Luku, PhD researcher at the University of Antwerp.
On 1 March 2023, the Supreme Administrative Court of the Republic of Bulgaria issued its final decision no. 2185, 01.03.2023 (see here an English translation by Nadia Rusinova) in the Pancharevo case. After an appeal from the mayor of the Pancharevo district, the Supreme Administrative Court of Bulgaria ruled that the decision of the court of first instance, following the judgment of the Court of Justice of the European Union (CJEU) in this case, is “valid and admissible, but incorrect”. It stated that the child is not Bulgarian due to the lack of maternal ties between the child and the Bulgarian mother, and thus there is no obligation for the Bulgarian authorities to issue a birth certificate. Hereafter, I will examine the legal reasoning behind its ruling.
UK Supreme Court in Jalla v Shell: the claim in Bonga spill is time barred
The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. This was a one-off event and not a continuing nuisance. The Nigerian landowners’ claim against Shell was thus barred by the limitation periods under applicable Nigerian law (Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16, on appeal from [2021] EWCA Civ 63).
On 10 May 2023, the UK Supreme Court has ruled in one of the cases in the series of legal battles started against Shell in the English courts in the aftermath of the Bonga spill. The relevant facts are summarized by the UK Supreme Court as follows at [6] and [7]:
News
Announcement – Save the Date: Online Workshop on Cross-Border Protection of Cultural Property
Chinese Journal of Transnational Law will hold an online workshop on Cross-Border Protection of Cultural Property on 28 Feb 2025. All are welcome to attend. A Zoom link will be provided closer to the event.
Tentative Programme
Keynote Speakers
•Prof. Christa Roodt, University of Glasgow
•Prof. Zhengxin Huo, China University of Political Science and Law
Speakers and Presentations
•Restitution of Cultural Objects Unethically Acquired During the Colonial Era: The Intersection of Public and Private International Law
Andreas Giorgallis (PGR), University of Glasgow
•The Contribution of Postcolonial Theory to the Cross-Border Protection of Indigenous Cultural Heritage
Eleni Moustaira, National and Kapodistrian University of Athens
•From Freedom to Restitution (With Special Focus on Central and Eastern Europe and the Lusophone Community)
Miroslaw Michal Sadowski, University of Strathclyde
•Restitution of Cultural Property in China: In Search of a New Paradigm for Cross-Border Cultural Property Claims
Ruida Chen, China University of Political Science and Law
•Forfeiture and Freezing Orders in Trans-border Cultural Property Litigation
Maggie Fleming Cacot
•Restitution of Stolen Foreign Cultural Property and Hurdles in Choice of Law
Yehya Badr, Yamamah University
•The Issue of Applicable Law in Disputes Arising from Violations of Private Law Regulations on Cultural Properties: The Case of Türkiye
Ekin Hacibekiroglu, Kadir Has University
•Evolving Models of Restitution
Evelien Campfens, University of Amsterdam
•Moving People, Shifting State Borders and the Return of Cultural Property: The Case of Poland
Andrzej Jakubowski, Instytut Nauk Prawnych, Polska Akademia Nauk,
We invite those interested in this important discussion to mark their calendars. More information will be provided soon.
Happy New Year from ConflictofLaws.net (now also on Bluesky)!
The editors of ConflictofLaws.net would like to wish you a year filled with happiness, health, and success, academically and otherwise.
2024 has been another great year for the blog, with close to one new post per day (bringing us to more than 5,500 posts in total) and record numbers of readers and subscribers. Our content, just like our readership, reflects the global scope of the blog, with popular posts including Saloni Khanderia & Shubh Jaiswal’s article on the application of the lex fori ‘by default’ in Indian courts, Mayela Celis’ note on Smith & Wesson v Mexico, Orji A Uka & Damilola Alabi’s contribution on service under Nigerian law, Yasmín Aguada & Laura Martina Jeifetz two-part piece on international judicial cooperation and technology in private international law, and Tobias Lutzi’s comment on the CJEU’s decision in Real Madrid.
In addition to our e-mail newsletter (which continues to be surprisingly popular), you can subscribe to our blog on LinkedIn, Twitter/X, and – from this year on – Bluesky.
The FAMIMOVE project ends today – A summary of its achievements
Today (31-December 2024), FAMIMOVE 2.0. is coming to an end after having accomplished all of its goals and created a solid network of experts. The project’s full name is Families on the Move: The Coordination between international family law and migration law and is an international project co-funded by the European Commission under the JUST-2022-JCOO program. For more information, click here.
The project aimed to improve the protection of migrant children and families by bringing actual practice more in line with EU goals and values, such as the protection of fundamental rights and best interests of the child. It sought to provide more effectiveness to EU objectives through a better coordination of instruments in overlapping fields, such as Regulations in private international law in family law matters and migration law rules.