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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
New issue alert: RabelsZ 89(2005)
Issue 1/2025 of RabelsZ has just just been released. It contains the contributions to a family law symposium held at the Max Planck Institute in Hamburg in June 2024. All content is Open Access: CC BY 4.0 and more articles are available Online First.
Anne Röthel, Preface to this family law special, pp. 1–2, https://doi.org/10.1628/rabelsz-2025-0003
AMEDIP’s upcoming webinar: Private International Law in the Inter-American system: A glance in the light of the 50 anniversary of the CIDIP (27 February 2025 – in Spanish)
The Mexican Academy of Private International and Comparative Law (AMEDIP) is holding a webinar on Thursday 27 February 2025 at 14:30 (Mexico City time – CST), 21:30 (CET time). The topic of the webinar is ‘Private International Law in the Inter-American system: A glance in the light of the 50 anniversary of the CIDIP’ and will be presented by OAS Director Dante Negro (in Spanish).
CIDIP is the Spanish acronym for the Inter-American Specialized Conferences on Private International Law. For a history of the CIDIP, click here. Read more
Book Launch: Philosophical Foundations of Private International Law – Oxford, March 19, 4pm-6pm
In 2024, Oxford University Press published Philosophical Foundations of Private International Law, edited by Roxana Banu, Michael S Green, and Ralf Michaels. The book represents the first inter-disciplinary engagement with questions of private international law from a philosophical perspective, covers a wide range of philosophical questions in private international law and brings philosophers in conversation with private international law scholars to demystify the analytical tools of each discipline in relationship to the other. More information on the book, including a table of contents, is here.
Now, Oxford University is organizing a hybrid book launch on March 19, 4pm-6pm. An introduction from the Editors will be followed by a discussion on key themes by Gabriel Encinas, Verónica Ruiz Abu-Nigm, Robert Stevens, Antonios Tzanakopoulos, and Emmanuel Voyiakis. More information on the event and on how to sign up for physical or virtual participation is here.