Property rights and international couples in EU law.

Slides:



Advertisements
Similar presentations
ILO Convention N o. 189 ILO Recommendation N o. 201 DECENT WORK FOR DOMESTIC WORKERS.
Advertisements

Communication from the Commission COM(2010) 171 final Action Plan Implementing the Stockholm Programme Delivering an area of freedom, security and justice.
Proposal for a Regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic.
New challenges for legal practitioners in cross-border succession matters Claire-Agnès Marnier DG Justice.
GENERAL PRINCIPLES Unity Exclusion of real rights and LR Common zones:adaptation, mandatory provisions, rules on administration European certificate of.
Chasing after debtors The Review of Brussels I Regulation and transparency of debtors assets Chris Pitt-Lewis December 2011.
1 CHILDREN’S RIGHTS UNDER EUROPEAN UNION LAW Dr Geoffrey Shannon Solicitor Special Rapporteur on Child Protection Friday, 13 December 2013.
Private International law Addi Rull
INTERPARLIAMENTARY COMMITTEE MEETING THE STOCKHOLM PROGRAMME: STATE OF PLAY REGARDING POLICE AND JUDICIAL COOPERATION IN CIVIL AND CRIMINAL MATTERS BRUSSELS.
Max Planck Institute for Comparative and International Private Law University of Oxford, Faculty of Law Institute of European and Comparative Law 14 March.
Dr. Ronald H. van Ooik University of Amsterdam The EU Constitution
Leiden University. The university to discover. The Frankstein of EU Legislation The Free Movement of LGBT Families EP Intergroup on LGBT Rights Dr. Jorrit.
1 EuroMed Justice II OPENING CONFERENCE Brussels, 30 June 2008 Working Group II Resolution of cross-border family conflicts Mr. Khaled ABOUALI Project.
EU secondary law Regulation 593/2008 on the law applicable to contractual obligations (Rome I) Regulation No 864/2007 on the law applicable to non- contractual.
INTRODUCTION INTO PRIVATE INTERNATIONAL LAW OF THE EUROPEAN UNION Marko Jovanovic, LL.M. MASTER IN EUROPEAN INTEGRATION Private International Law in the.
The EU-Commission’s proposals for regulations on matrimonial property regimes and property consequenses of registered partnerships Jurisdiction By Ulf.
Rome I regulation Discussion topics
European PIL Particular problems. Enhanced cooperation DIVORCE A first in EU history: enhanced cooperation is in force Agreement of all Member States.
A narrow pathway between fences Seminar on free movement of same sex families in Europe European Parliament, 3 May 2011 Pál Szirányi – Permanent representation.
International Treaty in EU PIL
Private International Law in the European Union. Area of Freedom, Security and Justice * Judicial cooperation in civil matters having cross-border implications.
European PIL Particular problems. Enhanced cooperation DIVORCE A first in EU history: enhanced cooperation is in force Agreement of all Member States.
EU: Bilateral Agreements of Member States. Formerly concluded international agreements of Member States with third countries Article 351 TFEU The rights.
Seminar on free movement of same-sex families
04/06/2015 Content title of the first slide 04/06/2015 Jurisdiction and applicable law in cross- border employment disputes Mihaela Carpus-Carcea, European.
Consumer Collective Actions in Cross-Border Claims LAURA CARBALLO PIÑEIRO (USC) 1.- Consumer collective actions: diversity 2.- Problems on recognition.
European civil procedure law Judicial cooperation in civil matters
Circulation of authentic instruments under Regulation 650/2012 speaker – Ivaylo Ivanov – Bulgarian Notary Chamber.
INTERNATIONAL LAW different types of information: different types of information: laws, cases and regulations, guides or overviews, policy studies, conventions,
 The Community authorities follow the attribution of jurisdiction in Article 81 of the TFEU (formerly Article 65 TA): Rome I, Rome II and Rome III Regulations.
Dr Marek Porzycki.  Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (1968) – Member States of the.
European Enforcement Order for uncontested claims JUDr. Radka Chlebcová.
Introduction to EU Civil Judicial Cooperation Dr. Francesco Pesce Assistant Professor in International Law Università degli Studi di Genova (IT)
Welcome to Maastricht University. Faculty of Law Oral v. written evidence in the European Union Prof. André Klip Maastricht University, Ravenna 14 May.
REGULATION ROME III Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce.
Jerzy Jendrośka Energy security and legal requirements for environmental protection, public involvement and transboundary co-operation Scientific support.
Polish succession law cases Case 1. Ewa died on r. She did not made any last will. She had the family ad follows: Father Mother deceased on.
The Brussels II Regulation The Council Regulation no 2201/2003 concerning the jurisdiction and the recognition and enforcement of judgment in matrimonial.
Course: European Criminal Law SS 2009 Hubert Hinterhofer.
European Commission Open issues for a European area of civil justice Directorate-General Freedom, Security and Justice Living in an area of freedom, security.
Brussels IIa Regulation Outcomes of the public consultation Michael Shotter, Joanna Serdynska European Commission DG Justice Civil Justice Policy Unit.
RECOGNITION AND EFFECTIVENESS OF INSOLVENCY PROCEEDINGS DR MAREK PORZYCKI European Insolvency Regulation.
Cross-border Cooperation of Judges Andrej Kmecl. Cross-border Cooperation of Judges Different aspects of judicial cooperation in environmental cases:
Case Study on the PIL „German divorce”. Case Description A German married couple domiciled in Poland Husband has repeatedly cheated on his wife and then.
"Human Rights and the European Union Regulations on Private International Law : the needs to protect the right of family members " Elisabetta Bergamini.
European enforcement order for uncontested claims Regulation n. 805/2004 of the European Parliament and of the Council of April
FUTURE PROSPECTS OF JUDICIAL COOPERATION IN CIVIL MATTERS: FROM THE REAL TO THE DIGITAL SPACE OF FREEDOM, SECURITY AND JUSTICE FOR CITIZENS AND USERS OF.
Course: European Criminal Law SS 2009 Hubert Hinterhofer.
© Hague Conference on Private International Law THE 1996 HAGUE CONVENTION ON INTERNATIONAL CHILD PROTECTION & THE BRUSSELS IIa REGULATION The Right to.
M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 31 – Common Foreign, Security and.
Turkish private international law on matrimonial property and successions Zeynep Derya TARMAN Koç Üniversitesi Hukuk Fakültesi
2014 International Business Program & Erasmus Faculty of Management, University of Warsaw T. Skoczny & Co. EUROPEAN BUSINESS LAW.
The fundamental rights of LGBT citizens in Europe – EU legislation and the Charter of Fundamental Rights.
Lecturer: Miljen Matijašević Session 2.
“INTERNATIONAL FAMILIES” UNDER EU PRIVATE INTERNATIONAL LAW
“INTERNATIONAL FAMILIES” UNDER EU PRIVATE INTERNATIONAL LAW
Private International Law Sciences Po Paris Spring 2017
Regulatory Competences of the European Union in the Sphere of the Land Registries and Real Estate Property Rights Fernando P. Méndez González. Associate.
DIRECTORATE GENERAL FOR INTERNAL POLICIES
Business Law Course Department of Business and Law, University of Siena Dr Gabriella Gimigliano, Senior Researcher in Business Law Business Law Course,
Business Law Course Department of Business and Law, University of Siena Dr Gabriella Gimigliano, Senior Researcher in Business Law Business Law Course,
European Union Law Law 326.
“INTERNATIONAL FAMILIES” UNDER EU PRIVATE INTERNATIONAL LAW
INTRODUCTION INTO PRIVATE INTERNATIONAL LAW OF THE EUROPEAN UNION
JUDGMENT OF THE COURT 15 February 2017 CASE C-499/15: W, X and V
Fundamental rights in the higher education within the EU
Private International Law
EUROPEAN UNION CITIZENSHIP
Notarial Divorce in Spain
Mediation Law in Austria
Presentation transcript:

Property rights and international couples in EU law. Two regulations: matrimonial property regimes and registered partnerships. Since the Vienna Action Plan 1998 to the EU Citizenship Report 2010. Rules of international private law. Art.81 TFEU. Jurisdiction, applicable law, recognition and enforcement. Strengthening free movement and citizenship. Compliance with fundamental rights: private and family life, property, no discrimination, access to justice.

General aspects. Family law. Unanimity. Art. 81.3 TFEU. Enhanced cooperation. Art. 20.2 TEU. Property law is internal law but property is also a fundamental right recognized in the European Charter. Coordination with other instruments of the european espace of freedom, security and justice: Brussels I and IIa, Rome III, Successions.

Content. Applicable law: unity principle; freedom of election ( habitual residence, nationality) and subsidiary rules for married people, place of registration for partnerships. Limited possibility of change: effects in the future, may not affect third parties. Jurisdiction:coordination with the regulation on Successions.Competent court for separation or divorce in case of agreement. Subsidiary rules. Recognition and enforcement. Judicial decisions: Brussels I: automatic recognition and exequatur. No review on jurisdiction. No review as to the substance. Public documents and the Proposal on Successions. The public policy issue and overriding mandatory provisions. Universal nature of the conflict of law rule.

The Land Registry role. Property law as internal law. No affection to the nature of rights in rem, their disclosure and the LR functioning and effects. Judicial decisions. Automatic recognition versus exequatur.No review. The public policy exception. Notarial acts: concerning LR operations, free movement and internal law.

The Land Registry role. Effects on third parties. “Conditions of registration” concerning immovable property. Information published in the EJN. Protection of family home. Art. 22, 17. Form of marriage contract. LR rules should also be complied with. Registration of marriage settlements. Doubts about EU competence.