Tag Archive for: EU Private International Law

PhD positions in Antwerp

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The University of Antwerp has opened two vacancies for PhD research related to private international law.

The first covers inter alia EU private international law, and will be supervised by prof. dr. Johan Meeusen and prof. dr. Mathieu Leloup. The four-year scholarship is sponsored by the Research Foundation – Flanders (FWO). The candidate will write a PhD on mutual trust and rule of law requirements in the field of judicial cooperation in civil and criminal matters. The researcher will have to examine, inter alia, the enforcement of the European Union’s rule of law requirements by courts applying EU private international law instruments. All information on this position, and how to apply, can be found on the University of Antwerp’s website.

The second is on the cusp of private and public international law and will be supervised by Thalia Kruger. This position, also for four years, is funded by the Law Faculty. The research will be about international contracts in the context of international treaties on water. The highland water project (Lesotho and South Africa) is a possible approach. More information and requirements are also available on the website of the University of Antwerp.

 

Van Den Eeckhout on CJEU case law in PIL matters – Follow up and a recently published paper

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Veerle Van Den Eeckhout (working at the CJEU) has published a short article on recent CJEU case law in Private International Law matters.

The paper is entitled “CJEU case law. A few observations on recent CJEU case law.” It has been published as a contribution to the fifth volume in the series of the Dialog Internationales Familienrecht. The article sets the scene and contextualizes the findings detailed in the presentation given by the author on April 29, 2023 at the Dialog Internationales Familienrecht 2023 at the University of Münster. See also previously here on the presentation.

In essence, while presenting case law of the CJEU in PIL matters, the Author explored selected methodological aspects of reasoning employed by the Court of Justice, including deductive arguments and those aiming to ensure “consistency” within the whole system.

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GEDIP Position paper on Parenthood

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The European Group for Private International Law (GEDIP) has recently adopted a Position paper on the Proposal for a Council Regulation in matters of Parenthood.

The Group welcomes the EU’s intention to legislate in this field, since parenthood is a status from which persons derive numerous rights and obligations.  However, the Group is of the opinion that there are important shortcomings in the Proposal due to the narrow perspective taken and an insufficient consideration of the legal complexities concerning parenthood in cross-border situations. It therefore encourages a reconsideration of the Proposal in the light of its observations.

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

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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)

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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.