Tag Archive for: EU Private International Law

A study of the European Parliament on the protection of vulnerable adults in cross-border situations

eprs_stu2016581388_en_page_001The European Parliamentary Research Service has published a study, authored by Christian Salm, to support a legislative initiative report on the protection of vulnerable adults to be prepared by the French MEP Joëlle Bergeron.
The purpose of the study is to provide an objective evaluation of the potential added value of taking legislative action at EU level in this field, in particular where a cross-border element is present.

The study builds on expert research carried out for the purpose by Ian Curry-Sumner of the Voorts Juridische Diensten (Dordrecht), on the one hand, and by Pietro Franzina of the University of Ferrara and Joëlle Long of the University of Turin, on the other. The research papers are annexed to the study.

The study argues that, together with the ratification of the Hague Convention of 13 January 2000 on the international protection of adults by all EU Member States, the adoption of certain EU legal measures would create a more reliable legal framework for the protection of vulnerable adults in cross-border situations than is currently the case. This would constitute an added value in itself, and would also contribute to reducing legal and emotional costs for vulnerable adults when facing issues in a cross-border situation.

The proposed measures, which could be adopted on the basis of Article 81 of the Treaty on the Functioning of the European Union, include: (i) enhancing cooperation and communication among authorities of EU Member States in this area; (ii) abolishing the requirement of exequatur for measures of protection taken in EU Member States; (iii) creating a European certificate of powers granted for the protection of an adult; (iv) enabling the adult, under appropriate safeguards, to choose in advance the EU Member States whose courts should be deemed to possess jurisdiction to take measures concerning his or her protection; (v) providing for the continuing jurisdiction of the courts of the EU Member State of the former habitual residence.

Conference: EU Cross-Border Succession Law (Milan, 4 March 2016)

Conference_logoThe University of Milan will host on 4 March 2016 the final conference of a project co-funded by the Civil Justice Programme of the EU: “Towards the Entry into Force of the Succession Regulation: Building Future Uniformity upon Past Divergencies“.

The project, lasting from April 2014 to March 2016, focuses on the impact of Regulation 650/2012 on national legal systems and the related national and European case law with the aim of assessing the changes that it introduces to legal practice, arising awareness within the legal professionals (notaries, lawyers and court judges), providing training and disseminating information in order to promote future uniformity in the application of its provisions. Video footage of the conferences and seminars organized in the frame of the project are available on its website, as well as a database of caselaw and legislation related to succession matters.

The sessions of the final conference will be held in English and Italian (with simultaneous interpreting). Here’s the programme (available as a .pdf file):

Welcome addresses – Presentation of the Project

  • Stefania Bariatti (Univ. of Milan)
  • Domenico Cambareri (Notary in Milan)
  • Petra Jeney (EIPA, Luxembourg)

SESSION 1: Scope and definitions. Chair: Alegría Borrás (Univ. of Barcelona)

  • Introduction to the Regulation and to Its Scope, Domenico Damascelli (Notary in Turi and Univ. of Salento)
  • The Definition of “Succession” and Habitual Residence Within the Meaning of the Regulation (EU) 650/2012, Peter Kindler (Ludwig-Maximilians-Universität München)

SESSION 2: Applicable law. Chair: Roberta Clerici (Univ. of Milan)

  • Applicable Law: Choice of Law, Ilaria Viarengo (Univ. of Milan)
  • Agreements as to Successions, Jacopo Re (Univ. of Milan)
  • Public Policy and Overriding Mandatory Rules, Francesca C. Villata (Univ. of Milan)
  • Renvoi, Luigi Fumagalli (Univ. of Milan)
  • Practice Paper, Daniele Muritano (Notary in Empoli)

SESSION 3: Jurisdiction and recognition. Chair: Alexandra Irina Danila (Notary in Romania)

  • Jurisdiction: General Rules and Choice of Court, Ilaria Queirolo (Univ. of Genoa)
  • Jurisdiction: Other Grounds, Stefania Bariatti (Univ. of Milan)
  • Recognition of Judgments, Stefano Dominelli / Francesco Pesce (Univ. of Genoa)
  • European Certificate of Succession: First Remarks concerning its Application, Carlo Alberto Marcoz (Notary in Turin)

SESSION 4: Round Table: The Impact on Member States and Third Countries. Chair: Stefania Bariatti (Univ. of Milan)

  • Isidoro Calvo Vidal (Notary in Coruña)
  • Cyril Nourissat (Univ. Jean Moulin Lyon 3)
  • Peter Kindler (Ludwig-Maximilians-Universität München)
  • Andrew Godfrey (Russell-Cooke, London)
  • Paul Beaumont/Jayne Holliday (Univ. of Aberdeen)

Further information and the registration form are available on the conference’s webpage.