scholarly journals Los efectos patrimoniales de los matrimonios y de las uniones registradas en la Unión Europea = Property consequences of marriages and of registered partnerships in the European Union

2019 ◽  
Vol 11 (1) ◽  
pp. 8
Author(s):  
Andrés Rodríguez Benot
Keyword(s):  
European Union ◽  
International Law ◽  
Private International Law ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Cross Border ◽  
Property Regimes

Resumen: Desde el 29 de enero de 2019 la mayoría de los países de la UE aplica los Reglamentos 2016/1103 y 2016/1104, de 24 de junio de 2016, sobre los aspectos de Derecho internacional privado de los regímenes matrimoniales y de los efectos patrimoniales de las uniones registradas, respectivamente. Se trata de dos textos extensos y complejos que ofrecen una regulación global o de conjunto de los as­pectos de esta materia en supuestos que impliquen repercusión transfronteriza.Palabras clave: Régimen económico matrimonial,e Efectos patrimoniales de las uniones registra­das. Reglamentos de la UE 2016/1103 y 2016/1104.Abstract: Since 29th January 2019 most of EU Member States apply Regulations 2016/1103 and 2016/1104 concerning Private International Law in matters of matrimonial property regimes and in mat­ters of the property consequences of registered partnerships, respectively. Both are long and complex texts that govern comprehensively all issues of those matters having cross-border implications.Keywords: Matrimonial property regimes. Property consequences of registered partnerships. EU Regulations 2016/1103 and 2016/1104.

Non-uniform Application of European Union Private International Law

2019 ◽  
pp. 83-94
Author(s):  
Katarina Trimmings ◽  
Burcu Yüksel
Keyword(s):  
European Union ◽  
International Law ◽  
Private International Law ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
National Courts ◽  
Legislative Framework ◽  
Funded Project ◽  
The Eu

This chapter draws on the findings of an EU-funded project titled (‘Cross-Border Litigation in Europe: Private International Law Legislative Framework, National Courts and the Court of Justice of the European Union’ (EUPILLAR) and discusses concerns over the lack of uniformity in the interpretation and application of the key EU Private International Law Regulations (Brussels I Regulation, Brussels IIa Regulation, Rome I Regulation, Rome II Regulation, Maintenance Regulation) across the EU Member States. The chapter provides examples of differing interpretations and applications of the same EU private international law rules in the EU through examples from various EU Member States, analyses the reasons behind the non-uniform interpretation and application, and suggests specific ways to rectify these problems.

Conflicts of jurisdiction in criminal law Lessons from European Civil Procedure

2018 ◽  
Author(s):  
Pietro Ortolani
Keyword(s):  
European Union ◽  
International Law ◽  
Criminal Law ◽  
Civil Procedure ◽  
Private International Law ◽  
The European Union ◽  
Cross Border ◽  
Procedural Law ◽  
Hard Law ◽  
Conflicts Of Jurisdiction

One of the main purposes of private international law is the resolution of conflicts of jurisdiction in civil matters. In the European Union (EU), this goal is pursued by an articulate body of regulations, forming part of what is usually labelled as ‘European procedural law’ or ‘European civil procedure’. In criminal law, by contrast, no such system exists: although Eurojust aims at resolving conflicts of jurisdiction by facilitating the identification of the jurisdiction that should prosecute cross-​border crimes, no hard-​law instrument regulates this matter in a binding fashion.

scholarly journals Private International Law and the African Economic Community: A Plea for Greater Attention

2006 ◽  
Vol 55 (4) ◽  
pp. 911-928 ◽  
Author(s):  
Richard Frimpong Oppong
Keyword(s):  
European Union ◽  
International Law ◽  
Economic Integration ◽  
Private International Law ◽  
The European Union ◽  
Economic Community ◽  
Cross Border ◽  
The Subject ◽  
National Boundaries ◽  
Free Movement Of Persons

Private international law deals with problems that arise when transactions or claims involve a foreign element. Such problems are most frequent in a setting that allows for the growth of international relationships, be they commercial or personal. Economic integration provides such a setting and allows for the free movement of persons, goods, services and capital across national boundaries. The facilitation of factor mobility resulting from economic integration and the concomitant growth in international relationships results in problems which call for resolution using the tools of private international law. An economic community cannot function solely on the basis of economic rules; attention must also be paid to the rules for settling cross-border disputes. Consequently, considerable attention is given to the subject within the European Union (EU)1 and other economic communities.2

scholarly journals Las insolvencias transfronterizas en la Unión Europea: perspectivas jurisprudenciales y retos = Cross-border insolvencies in the European Union: recent case law and new challenges

2019 ◽  
Vol 11 (2) ◽  
pp. 360
Author(s):  
Elisa Torralba Mendiola
Keyword(s):  
European Union ◽  
International Law ◽  
Case Law ◽  
Recent Case ◽  
Private International Law ◽  
The European Union ◽  
Cross Border ◽  
New Challenges ◽  
Insolvency Proceedings

  Resumen: El Reglamento 848/2015, sobre procedimientos de insolvencia regula los problemas de Derecho internacional privado que suscitan las situaciones concursales en el ámbito de la Unión Euro­pea. En este trabajo se analiza la más reciente jurisprudencia del TJUE en materia concursal y los retos que se plantean a día de hoy en el tratamiento de la materia, que ponen de relieve la necesidad de adaptar la aplicación de los textos legales a situaciones políticas –y jurídicas– cambiantes.Palabras clave: insolvencia, cooperación, competencia.Abstract: Regulation 2015/848 on Insolvency Proceedings rules the private international law mat­ters regarding insolvencies within the European Union. This paper analyses the most recent case law of the EUCJ and the challenges actually existing in this area, that evidence the need to adapt the application of the rules to the changing legal and political context.Keywords: insolvency, cooperation, jurisdiction.

scholarly journals The European Union and Migration: An Interplay of National, Regional, and International Law

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 509-513
Author(s):  
Iris Goldner Lang
Keyword(s):  
European Union ◽  
International Law ◽  
The European Union ◽  
Member States ◽  
Global Migration ◽  
Eu Member States ◽  
The Law ◽  
Migration Law ◽  
The Eu ◽  
Third Country Nationals

If global migration law “includes all levels of the law,” then the European Union represents the most developed instance of the interplay of national, regional, and international law. Migration law in the European Union involves the interaction of EU Member States’ national laws, EU regional law, and international law. This complex interchange of different migratory legal regimes is the consequence of diverse, and sometimes conflicting, objectives and interests of the Union and its Member States, and the nature of EU law itself. This essay explores the impact of these three levels of the law on the four migratory regulatory categories—EU citizens, “desirable” third-country nationals, asylum seekers, and all other third-country nationals—and the three objectives associated with these categories. The predominance of one legal regime over another varies depending on the regulatory category of migrants and the objectives associated therewith. While describing the existing legal systems, the essay outlines their attributes and shortcomings, the most prominent being: a clear rift between the rights granted to EU citizens and to third-country nationals; EU Member States’ determination to reserve to their respective national territories a high level of national control over labor migration; and significant deficiencies of the EU asylum law which were brought to the surface by the recent refugee influx into the EU.

scholarly journals Cross‑Border Mediation: Towards a Balanced Framework for Cross‑Border Dispute Resolution in the European Union

2021 ◽  
Vol 24 (4) ◽  
pp. 515-560
Author(s):  
Martin Senftl
Keyword(s):  
European Union ◽  
International Law ◽  
Dispute Resolution ◽  
Legal Framework ◽  
Private International Law ◽  
The European Union ◽  
Playing Field ◽  
Cross Border ◽  
Border Dispute ◽  
The Eu

This paper takes the entry into force of the Singapore Convention on Mediation on 12 September 2020 as an opportunity to reconsider whether the European Union has reached its once ambitious goal to create a balanced relationship between mediation and litigation in cross-border disputes. After a brief overview of the current legal framework for cross-border mediation in the EU in the first section, the meaning of the concept of a balanced relationship and its implications for the regulation of mediation in cross-border disputes are analysed. Starting with the observation that the use of cross-border mediation is still very limited, this second section argues that attempts to establish a balanced relationship in quantitative terms are misguided. Instead of attempting to correct alleged decision deficits by the parties to a dispute, the paper emphasises the regulatory responsibility of European legislators to create a level playing field for different cross-border dispute resolution mechanisms. In this respect, the third section identifies the surprising absence of private international law rules in the EU’s mediation framework as a structural disadvantage of mediation, as compared to litigation and arbitration. The last part of the paper examines in detail the interaction between mediation and the Brussels Ia Regulation to provide specific examples of legal obstacles to cross-border mediation and potential ways to overcome them.

scholarly journals Franchising, Validation, and Branch Campuses in the European Union

2014 ◽  
pp. 16-17 ◽  
Author(s):  
Lukas Bischof
Keyword(s):  
Higher Education ◽  
European Union ◽  
Quality Assurance ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
Branch Campuses ◽  
Eu Member States ◽  
Cross Border ◽  
Study Programs

European Higher Education is growing together. Both students and institutions are increasingly going abroad to obtain or offer education. Lately, the issue of branch campuses, franchising or validation arrangements have caused controversy. While European law guarantees all EU universities to offer their study programs in other EU Member States, there is not yet an overarching form of cross-border quality assurance. A recent study has investigated the prevalence of cross-border provision of higher education as well as its regulation in 27 Member States of the European Union. This article explores existing loopholes and makes recommendations for a European quality assurance framework for cross-border education.

On the Issue of the Succession Law Reform in Russia and the European Union: Some Results of 2017 – 2019

2019 ◽  
Vol 10 (3) ◽  
pp. 871
Author(s):  
Alexandr А. PUKHART ◽  
Hajiyev Adil AFGANOGLY
Keyword(s):  
European Union ◽  
The Other ◽  
Law Reform ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Cross Border ◽  
Special Procedure ◽  
The Times ◽  
The One

The authors investigate the features of reforming the succession law in Russia and the European Union. It was revealed that: (1) the topic of cross-border succession  is becoming increasingly important in Europe, given that substantive laws in EU Member States vary significantly with respect to the form of will, the admissibility of succession  agreements, the rules of calling for inheritance, etc.; (2) these problems should have been adopted by Regulation No. 650/2012 on succession  adopted on July 4, 2012, which has been applied in all EU member states since August 17, 2015; (3) The Regulation introduced the European Certificate of Succession (ECS) - a document that must be recognized in all member states without any special procedure; (4) on the one hand, ECS has simplified the procedure for accepting and registering an inheritance; on the other hand, problems have been identified that arise as a result of applying the laws of individual states; (5) the reform of the Russian legislation on inheritance, which took place in 2017-2019, was aimed at ensuring the interests of heirs by introducing such institutions as: succession fund, succession agreement, joint testament of spouses; which made it possible to conclude that Russian legislation is increasingly intensively keeping up with the times and becoming more flexible in terms of inheritance.

scholarly journals FREE MOVEMENT OF PERSONS AND THE LEGAL SECURITY OF DOCUMENTS WITHIN THE EUROPEAN UNION

2021 ◽  
Vol 53 (4) ◽  
pp. 76-89
Author(s):  
Mădălina Cocoșatu ◽  
◽  
Claudia Elena Marinică ◽  
Keyword(s):  
European Union ◽  
International Law ◽  
Comparative Method ◽  
Free Movement ◽  
Private International Law ◽  
The European Union ◽  
Legal Certainty ◽  
Cross Border ◽  
Free Movement Of Persons ◽  
The Impact

The increase of international and European Union migration has led to increasing attention to the impact of Member States' legislation on the recognition, legal certainty and standardization of procedures for the movement of official documents, as part of the free movement of persons within the European Union. This article responds to European Union's needs by examining the extent to which the various regulations, in particular regulations having direct and immediate application, being long and complex and comprehensively governing some cross-border procedures that underline the recognition of official documents within the European Union. It is a fact that the Union facilitates and accelerates the cross-border application of aspects of the free movement of persons in private international law, encourages the simplification of the requirements for the presentation of certain official documents in EU, while strengthening the security of Union citizens' identity cards and residence documents etc. By using the historical and comparative method, the conclusions drawn from this analysis refer to the need to apply these legislative rules established due to the necessity to ensure legal certainty and predictability at Union level, but also offering to European citizens an attractive option compared to the classic variants of international law, the latter providing at times a more convincing and comprehensive legal certainty.

WHERE THE LAW BECOMES IRRELEVANT: CONSULAR ASSISTANCE AND THE EUROPEAN UNION

2011 ◽  
Vol 60 (4) ◽  
pp. 965-995 ◽  
Author(s):  
Annemarieke Vermeer-Künzli
Keyword(s):  
European Union ◽  
Member State ◽  
International Law ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
The Law ◽  
The Eu

AbstractIn recent years, the European Union (‘eu’) has taken a number of initiatives with a view to co-ordinating consular assistance in third countries. Not only have EU citizens an entitlement to consular assistance by any EU Member State in the absence of a representation of their own, but EU Member States themselves are encouraged to co-operate by means of the Lead State Concept and other forms of co-operation. While this may seem relatively unproblematic from the perspective of the EU, it is very difficult to reconcile with general international law. The various EU agreements in this area have no application to third States: some do not have legally binding form and even those that do only apply to the parties to the treaties, ie EU Member States. This article will present the situation, analyse its complexities and offer some reflections on the global application and desirability of the regime created by the EU.

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