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Recent developments in the approximation of EU private international laws : towards mutual trust, mutual recognition and enhancing social justice in civil and commercial matters

Recent developments in the approximation of EU private international laws : towards mutual trust, mutual recognition and enhancing social justice in civil and commercial matters

the gradual extension of the EU acquis via the ‘partial reflex effect’. The legislative approach to approximation of EU private international laws for the promotion of the internal market has also been evident in recent proposals for Regulations on Collective Consumer Redress and a Common European Sales Law. Part III of this chapter focusses on the interpretative approach of the Court of Justice of the European Union (CJEU) in asserting mutual trust, mutual recognition and fundamental rights in civil and commercial matters under the Brussels I Recast Regulation and Rome I and II Regulations. Part IV examines procedural developments for the effective enforcement of judgments from the courts of a Member State through the abolition of exequatur in the Brussels I Recast. Combining these parts, this chapter concludes that in order to effectively regulate internal market behaviour and respect the continued divergences in national laws, the current stage of approximation of EU private international laws requires to be applied in tandem with substantive EU and national laws. Only then will EU private international law be regarded as a methodological, institutional and procedural 11 gatekeeper in enhancing fundamental social rights in the resolution of cross-

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Proposal for a Council Regulation (EC) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (presented by the Commission). COM (99) 348 final, 14 July 1999

Proposal for a Council Regulation (EC) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (presented by the Commission). COM (99) 348 final, 14 July 1999

The purpose of this proposal for a Regulation is to uniformise the rules of private international law in the Member States relating to jurisdiction and to improve the recognition and enforcement of judgments in civil and commercial matters. It replaces and updates the Brussels Convention of 1968 and the Protocol to it, with a view inter alia to take account of new forms of commerce which did not exist in 1968. The proposal broadly takes over the results of the Council ad hoc working party’s revision negotiations preceding the entry into force of the Amsterdam Treaty. It thus incorporates the substance of the agreement reached in the Council on the balance needed between the interests of the different parties who might be involved in litigation. It is clear that the choice made for the purposes of achieving this balance may have consequences for those who engage in these new forms of commerce (see in particular the comments on Article 15 below).

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Avotinš v. Latvia. The Uneasy Balance Between Mutual Recognition of Judgments and Protection of Fundamental Rights

Avotinš v. Latvia. The Uneasy Balance Between Mutual Recognition of Judgments and Protection of Fundamental Rights

In assessing the impact of those principles on EU law, account must be taken that the case Avotiņš v. Latvia concerned the peculiar field of the recognition and enforce- ment of decisions in civil and commercial matters within the European judicial area. In that context, the rules contained in EU instruments only provide the necessary frame- work in order to facilitate the circulation of judgments, but these judgments remain, at least at the present stage of the European integration, the output of a national legal or- der, as domestic proceedings in civil and commercial matters are governed by EU law only to a very limited extent. Thus, the solution here envisaged by the Grand Chamber, involving the instrumental role of Member States, rather than of the EU, in the imple- mentation of the protection of fundamental rights, cannot be assumed as a general paradigm.

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The Interaction Between Mutual Trust, Mutual Recognition and Fundamental Rights in Private International Law in Relation to the EU’s Aspirations Relating to Contractual Relations

The Interaction Between Mutual Trust, Mutual Recognition and Fundamental Rights in Private International Law in Relation to the EU’s Aspirations Relating to Contractual Relations

The automatic mutual recognition of judgments in civil and commercial matters by a Member State in which enforcement is sought, is laid down in Art. 36 Brussels I Recast. Since the entry into force of this regulation on 10 January 2015, an exequatur procedure is no longer necessary to give effect to a judgment rendered by a court in another Member State. Art. 37 Brussels I Recast only requires a copy of the judgment and a cer- tificate to be handed over by the party who wishes to invoke the judgment. According to the European Commission the abolition of exequatur was necessary, as it remained “an obstacle to the free circulation of judgments which entails unnecessary costs and delays for the parties involved and deters companies and citizens from making full use of the internal market”. 38

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Amicable settlement of conflicts between agri food producers and consumers

Amicable settlement of conflicts between agri food producers and consumers

Mediation, as a form of settling conflicts, has started to be promoted at European level since 1996, while in 1997, at the European Conference on conflict prevention, the Amsterdam Appeal was launched for creating an European platform for the prevention of conflicts and the development of peace 7 . In 2000, the European Commission has adopted the Conclusions concerning the alternative methods for settling litigations in civil and commercial matters, in view of simplifying and improving the access to justice. In 2002, the European Commission has published the Green card concerning the alternative methods for dispute resolution in civil and commercial matters, while, in October 2004, the European Union has forwarded a proposal concerning certain aspects for mediating disputes in civil and commercial relationships. Therefore, a series of community acts were adopted which help to support the reform in justice and to promote mediation as an alternative means for amicable dispute resolution 8 19.

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Brexit: The Impact on Judicial Cooperation in Civil Matters Having Cross-border Implications – A British Perspective

Brexit: The Impact on Judicial Cooperation in Civil Matters Having Cross-border Implications – A British Perspective

It would be prudent for the UK Government to seek to negotiate with EU27 (EU com- petence meaning that the UK cannot do business with any individual Member State) a be- spoke arrangement, namely, a tailor-made UK/EU27 agreement on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which is a close copy of the existing Brussels regime. Seeking to secure an agreement parallel to Brussels I Recast (and sibling instruments such as Brussels II bis ) is the solution favoured by UK parliamentary committees, and is widely supported by subject experts in the UK. There is a strong argument that the UK should seek to negotiate an agreement with EU27 to deal with the suite of EU private international law instruments as a package – albeit the scale of the negotiation task would grow exponentially. However, it must be acknowl- edged that EU27 may not countenance any such overture by the UK, and that the notion of the UK’s seeking some parallel agreement may be optimistic.

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The activism and inclusion of civil society organisations in CARICOM on trade negotiating matters: a look at three cases

The activism and inclusion of civil society organisations in CARICOM on trade negotiating matters: a look at three cases

As for activism by more radical CSOs in the region, to some extent, this existed on trade matters. Structuralist and dependency views about inequality were popularised by the “Black Power” movement and presented to regional leaders by the UWI’s New World Group members from the 1960s. The “Black Power” movement led by UWI students and influenced by the ideas of the New World Group, led strikes in Curacao, Bermuda, the Bahamas, Jamaica, Aruba and Anguilla between 1968 and 1970. As stated in the previous chapter, CSOs rising out of this movement had specific revolutionary economic and social aims. Some of these included positioning “black” people at the centre of the economy through political reorganisation of the countries in the Caribbean on a regional scale; severing the subordinate relationship that Caribbean countries had with past colonisers and the USA; reconstructing the educational systems in the region to be more Afro-centric; and encouraging direct participation in decision-making by people in the region (Ryan 1995: 41, 46-47). These more radical CSOs mobilised in support of ideas about racial inequalities and the perpetuation on underdevelopment at a time when race issues were being firmly dealt with around the world and at a time when structuralist and dependency views were important radical alternatives to mainstream developmental thought. In the end though, none of the CSOs arising out of these radical movements were consulted in the region with respect to the issues up for negotiation in the Lomé processes.

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Environmental sustainability and economic matters of commercial types of common wheat

Environmental sustainability and economic matters of commercial types of common wheat

edged, one of the main challenges in wheat cultivation is the demand for energy reduction. In fact, non- renewable energy is the source mainly used (Achten and Van Acker 2016). Our work shows how improver wheat has the greatest impact on climate change (CC), because of the higher quantity of greenhouse gas emis- sions released into the air during cultivation phases (N 2 O volatilisation and NH 3 emissions). In contrast, no difference of CED among the four commercial types of wheat is noted – about 6% between the one with the least impact (ordinary bread-making wheat) and the one with the greatest impact (superior bread- making wheat).

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Implementation of the European Neighbourhood Policy in Egypt. Progress in 2011 and recommendations for action. Joint staff working document. SWD (2012) 113 final, 15 May 2012

Implementation of the European Neighbourhood Policy in Egypt. Progress in 2011 and recommendations for action. Joint staff working document. SWD (2012) 113 final, 15 May 2012

Current NGO legislation contains a large number of unclear legal provisions that do not favour transparency and accountability. The initial draft law tabled by the authorities was highly criticised by the NGO community. New drafts are now being discussed in parliament. The NGO Federation had lost ground in the past year but is now being re-established as a key interlocutor with the authorities. EU funding for ongoing projects supporting civil society organisations amounts to EUR 12 million. Likewise, freedom of expression remains a cause for concern. At the beginning of the uprising, the authorities blocked several social networking websites that covered the peaceful demonstrations. The police force, instructed by the previous Minister of Interior, carried out violent attacks on local and international reporters. Some journalists died and many were arrested. Civil society organisations have reported restrictions on media freedom. Pressure has been put on media operators to refrain from publishing criticism of the government and bloggers have been arrested, detained and sentenced for criticising the military.

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The Scope and Structure of Civil Codes

The Scope and Structure of Civil Codes

despite a few attempts at codification, remained locally skeptical about this methodology thoughout its participation in discussions about a European Civil Code. Following a short historical explanation of the absence of a code, the author presents the three main acts that constitute the core of Finnish Patrimonial Law Legislation and the links and structure of commercial, consumer, labor and family law. He then outlines the case of the autonomous status of the Region of Åland that, though limited, has some examples of regional private law. Finally, in the sense of the third axis approached in all papers, he points out the relationship between private law, the Constitution, and public international law.

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The War That Forged A Nation: Why The Civil War Still Matters

The War That Forged A Nation: Why The Civil War Still Matters

McPherson’s reminder that, for example, both John Washington and Wallace Turnage had nothing but praise for the support they received when they escaped to Union lines during the war does not, of course, diminish the terrible conditions that many former slaves experienced in the refugee camps; no more does it excuse or explain away the widespread racism of the era. Such individual stories can do no more than qualify, as McPherson suggests, the larger narrative of suffering and struggle that defined the Civil War for many of those caught up in it (p. 106). In the end, McPherson’s Civil War still matters, not because it is a story of valour and national vindication, but because it is a story comprising many individual stories within a broader national, and nationalist narrative arc; a story with several discrete trajectories, some triumphant, some tragic, but all of which have played their part in the 150 years since that war terminated; a story that, for the United States, has not yet ended.

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A Bird's Eye View of the EU's Civil Justice Policy Field: Discursive and Institutional Dimensions

A Bird's Eye View of the EU's Civil Justice Policy Field: Discursive and Institutional Dimensions

¶2.7 of the 2004 Tampere Assessment turns its attention from institutional actors to the perceived needs of European citizens, and expands on the goal of making “tangible improvements in the daily life of individuals and businesses by enabling them to assert their rights at Union level.” The Commission’s 2004 document identifies a number of citizen-oriented priorities. First, it states that EU efforts in the civil justice sub-field should “concentrate on fields where there are as yet no Community rules on mutual recognition,” such as the property-law aspects of death and of relationship breakdown (marriage or co- habitation). Second, the Commission recognizes that Tampere’s emphasis on the “traditional problem 55 of the recognition of judgments” fails to address the needs of ordinary people, who are more likely to encounter problems arising out of the non-recognition of documents – such as those arising in family or succession or property law contexts – than problems relating to enforcement of judgments resulting 56

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'Judicial Cooperation in Civil Matters' (EUstitia): The Politics of Civil Justice under the EU's Area of Freedom, Security and Justice (AFSJ)

'Judicial Cooperation in Civil Matters' (EUstitia): The Politics of Civil Justice under the EU's Area of Freedom, Security and Justice (AFSJ)

“economic law” (Buxbaum 2009), although the categories do overlap, particularly in the EU context. The original EEC Treaty did not foresee a single body of European private law to govern fundamental matters such as contract, tort, property, or family law. It did, however, expressly contemplate some harmonization in the field of company law, and included a general provision that allowed for “approximation” (harmonization) of laws, where doing so would “directly affect the establishment or functioning of the common market.” The process of harmonizing company law began already in the 1960s (Grundmann 2004; Stein 1972). This general harmonization tool was too unwieldy to eliminate all obstacles to the free movement of goods, persons, services and capital, as became apparent by the mid-1980s. The Commission’s 1985 White Paper drew attention to the “costs of non-Europe” (Cecchini Report 1998). It was followed in short order by the first major revision of the founding treaties – the 1986 Single European Act (SEA) – which jump-started the stagnated European integration process, and spurred a push to complete the internal market before the end of 1992. Harmonization of private law was at most a minor theme in the debates leading to this tectonic shift, though one can find contemporaneous references that characterize the existence of divergent legal rules as a barrier to trade. In this view, the “legal differences and the uncertainty amongst traders” constitute costs of non-Europe (Basedow 1998: 28), and an “Internal Market sooner or later needs for its proper functioning unified or at least harmonized rules of private law” (Drobnig 1996: 20). See also Buxbaum (2009: 63) (“[M]uch national law ... must move up one step”).

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Professional Responsibility in Civil Domestic Violence Matters

Professional Responsibility in Civil Domestic Violence Matters

There is an extremely common crossover between criminal law and family law DV matters. Generally, a family court restraining order matter will not be heard until after the conclusion of any criminal domestic violence prosecution concerning the same parties. This enables a defendant to avoid making incriminating statements in family court while their criminal matter is pending. Concurrent criminal and family matters may fuel an abuser’s aggressive defense of criminal charges, in order to prevent the negative impact a criminal conviction may have on child custody. 37 Victims may be particularly reluctant to testify in criminal court and may be under intense pressure from the defendant or family members to request the District Attorney drops the charges or to recant their allegations. These victims need a great deal of support and safety planning to take them through these court processes, as well as an understanding that a criminal conviction for domestic violence will result in a number of consequences that should be helpful to the victim and the family, including the issuance of Criminal Protective Orders that prohibit the possession or ownership of

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Commercial name in the draft of the Civil Code

Commercial name in the draft of the Civil Code

The economic importance of the commercial name will not be aff ected by the new legislation, in which the eff orts of the entrepreneur are concentrated to secure a good reputation and distinction, which he brings customers. Through a change in the legal concept of the commercial name and loosening of its ties to the enterprise, other options are off ered of how a well-known and customer-respected commercial name can further increase in value upon its transfer. The dra bill of the Commercial Code contains rules for transfers and transitions of a commercial name, and for its use by a new successor in a basically briefer version than in the existing Commercial Code. The possibility of transferring a commercial name arises from its real character, and will be governed by the provision on transfer of ownership rights. Special rules (Sec 420(1)) only require for the successor to attach to the commercial name data expressing his legal succession. The law does not regulate further details on this successor data, so it will depend on practical application. We believe however that this very need to list the successor’s addendum will signifi cantly limit transfers of companies, because such an expanded commercial name will cause problems during use regardless of the possibility of the origin of unwanted satirical eff ects. Even upon relaxation of the legislation, we believe that certain dispositions with the commercial name will be excluded, because they would not allow implementation of their identifi cation function. This conclusion is especially valid for providing another person the right to use the commercial name based on a licensing agreement.

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