Common minimum standards of civil procedure
Divulga-se uma informação sobre o Common minimum standards of civil procedure. Chama-se a atenção para os elementos escritos que são fornecidos, sendo um deles um estudo de N. Andrews.
MTS
13-06-2016 05:44 PM CEST
On 15 June 2016, the Committee on Legal Affairs will hold a workshop on common minimum standards of civil procedure in the EU. This workshop relates to the legislative initiative report (rapporteur: Emil Radev) on the same topic (2015/2084 (INL)). Civil procedure provides the means for the enforcement of the substantive rights and duties of legal subjects in legal proceedings.
As such, it is inextricably linked with the fundamental right to a fair trial and effective remedy guaranteed under the Charter of Fundamental Rights of the European Union (Article 47 CFREU) and the European Convention on Human Rights (Article 6 ECHR).
The Treaty of Amsterdam confirmed the EU’s competence in the area of civil procedure, and this competence was further expanded by the Treaty of Lisbon. The EU now has a certain number of common minimum standards in the area of criminal procedure. However, European citizens, especially those who move across borders, are now far more likely to come into contact with the civil procedure of another Member State. As part of the move towards a European Area of Justice based on mutual trust, common standards of civil procedure now seem indispensable.
Minimum standards do not substitute national procedural systems in their entirety, or even partially, but allow for more protective and effective national procedural rules. More importantly, minimum procedural standards at EU level could contribute to the modernisation of national proceedings, to a level playing field for businesses, and to increased economic growth via effective and efficient judicial systems, while facilitating citizens’ access to justice in the EU.
In the Action Plan implementing the Stockholm Programme, the Commission announced a green paper on minimum standards for civil procedure for 2013. What is more, in May 2014 a joint project for the preparation of ‘Transnational Principles of Civil Procedure for Europe’ was launched by the European Law Institute, in collaboration with the International Institute for the Unification of Private Law (UNIDROIT).
Against this background, this workshop will bring together Members of the European Parliament and a number of experts, practitioners, academics and stakeholders with a view to discussing the question of the convergence of civil procedure in Europe through the creation of minimum standards in EU law. It will also offer the possibility to present the findings of a recent European Added Value Study conducted by the Research Service of the European Parliament regarding the policy options and the scope of EU competences to harmonise civil procedures in the EU. The Commission, the ELI, the ENCJ, the HCCH as well as representatives of legal professions and businesses will offer their views on this matter.
The workshop is organised by DG IPOL's Policy Department C from 09.00 to 12.30 in room ASP 1G2 at the European Parliament in Brussels.
The Treaty of Amsterdam confirmed the EU’s competence in the area of civil procedure, and this competence was further expanded by the Treaty of Lisbon. The EU now has a certain number of common minimum standards in the area of criminal procedure. However, European citizens, especially those who move across borders, are now far more likely to come into contact with the civil procedure of another Member State. As part of the move towards a European Area of Justice based on mutual trust, common standards of civil procedure now seem indispensable.
Minimum standards do not substitute national procedural systems in their entirety, or even partially, but allow for more protective and effective national procedural rules. More importantly, minimum procedural standards at EU level could contribute to the modernisation of national proceedings, to a level playing field for businesses, and to increased economic growth via effective and efficient judicial systems, while facilitating citizens’ access to justice in the EU.
In the Action Plan implementing the Stockholm Programme, the Commission announced a green paper on minimum standards for civil procedure for 2013. What is more, in May 2014 a joint project for the preparation of ‘Transnational Principles of Civil Procedure for Europe’ was launched by the European Law Institute, in collaboration with the International Institute for the Unification of Private Law (UNIDROIT).
Against this background, this workshop will bring together Members of the European Parliament and a number of experts, practitioners, academics and stakeholders with a view to discussing the question of the convergence of civil procedure in Europe through the creation of minimum standards in EU law. It will also offer the possibility to present the findings of a recent European Added Value Study conducted by the Research Service of the European Parliament regarding the policy options and the scope of EU competences to harmonise civil procedures in the EU. The Commission, the ELI, the ENCJ, the HCCH as well as representatives of legal professions and businesses will offer their views on this matter.
The workshop is organised by DG IPOL's Policy Department C from 09.00 to 12.30 in room ASP 1G2 at the European Parliament in Brussels.
Location : ASP 1G2
Contributions - Policy options and EU competences in the area of civil
EPRS Study
EPRS Study
Contributions - ELI/UNIDROIT draft rules of civil procedure
Professor Neil Andrews, University of Cambridge, UK
Professor Neil Andrews, University of Cambridge, UK