European Commission Open issues for a European area of civil justice Directorate-General Freedom, Security and Justice Living in an area of freedom, security.

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Presentation transcript:

European Commission Open issues for a European area of civil justice Directorate-General Freedom, Security and Justice Living in an area of freedom, security and justice Open issues in the creation of a European area of civil justice Karen Vandekerckhove Kranjska Gora, 16 November 2007

European Commission The Future of Judicial Cooperation in Civil Matters Directorate-General Freedom, Security and Justice Living in an area of freedom, security and justice Overview A. Milestones on the way to a European area of justice B. The agenda for the next few years (and beyond) C. Ongoing and future projects D. Particular questions for the future

European Commission The Future of Judicial Cooperation in Civil Matters Directorate-General Freedom, Security and Justice Living in an area of freedom, security and justice A. Milestones on the way to a European area of justice 1993 Maastricht Treaty 1998 Amsterdam Treaty 1999 Tampere Programme 2000 Programme on Mutual Recognition 2004 Hague Programme

European Commission The Future of Judicial Cooperation in Civil Matters Directorate-General Freedom, Security and Justice Living in an area of freedom, security and justice B. The agenda for the next years I. Hague Programme for strengthening freedom, security and justice in the European Union, 2004: The main challenges for the future of Civil Justice: Completing the Programme of Mutual Recognition Implementing the acquis communautaire Enhancing cooperation in the area of civil justice Ensuring coherence with international legal order II. Action Plan implementing the Hague Programme, 2005 → EU work programme until 2010.

European Commission The Future of Judicial Cooperation in Civil Matters Directorate-General Freedom, Security and Justice Living in an area of freedom, security and justice C. Ongoing and future projects I. Completing the Programme of Mutual Recognition 1. Private international law ● Jurisdiction, recognition and enforcement ▪ Review of Brussels I Regulation ● Applicable Law ▪ Rome I – Law applicable to contractual obligations

European Commission The Future of Judicial Cooperation in Civil Matters Directorate-General Freedom, Security and Justice Living in an area of freedom, security and justice ● Jurisdiction, recognition and enforcement and applicable law ▪ Maintenance obligations ▪ Rome III – applicable law and jurisdiction for divorce ▪ Wills and successions ▪ Matrimonial property regimes

European Commission The Future of Judicial Cooperation in Civil Matters Directorate-General Freedom, Security and Justice Living in an area of freedom, security and justice 2. European civil procedure ● Certain aspects of mediation ● Review of service of documents Regulation ● Review of taking of evidence Regulation

European Commission The Future of Judicial Cooperation in Civil Matters Directorate-General Freedom, Security and Justice Living in an area of freedom, security and justice Enforcement ▪ Attachment of bank accounts ▪ Provisional and protective measures ▪ Transparency of the debtor’s assets Minimum standards of civil procedure e.g. service of documents, commencement of proceedings, transparency of costs

European Commission The Future of Judicial Cooperation in Civil Matters Directorate-General Freedom, Security and Justice Living in an area of freedom, security and justice 3. New area: e-justice European portal on justice Electronic access to court Interconnexion of national networks 4. Other ongoing studies Civil status Legalisation Adoption

European Commission The Future of Judicial Cooperation in Civil Matters Directorate-General Freedom, Security and Justice Living in an area of freedom, security and justice II. Enhancing cooperation ● Strengthening the European Judicial Network in civil and commercial matters ● Promoting knowledge of the acquis communautaire in civil justice ● Promoting cooperation between members of the legal professions

European Commission The Future of Judicial Cooperation in Civil Matters Directorate-General Freedom, Security and Justice Living in an area of freedom, security and justice III. International Legal Order ● Hague Conference ▪Choice of court agreements ▪Maintenance obligations ● Council of Europe ▪European Day of Civil Justice ▪Biannual Conference ● Lugano Convention ● Others

European Commission The Future of Judicial Cooperation in Civil Matters Directorate-General Freedom, Security and Justice Living in an area of freedom, security and justice D. Particular questions for the future I. Implementation II.Impact of the Treaty on the functioning of the EU Genuine political objective “Matters having cross-border implications” The « passerelle » in family law Power of the ECJ Protocols on the position of UK/IE/DK III. External Community competence ECJ opinion 1/03