selection

civil law

This tag is associated with 16 posts

Cost of non-Europe in robotics and artificial intelligence

Robotics is a wide and multi-faceted domain that crosses boundaries between many economic sectors and legal disciplines. The perception of a need for some kind of Europe-wide legal framework to accompany the development of robotic and artificial intelligence (AI) technologies is growing. Continue reading

Revising the Taking of Evidence Regulation [EU Legislation in Progress]

On 31 May 2018, the Commission proposed a proposal for a new regulation on taking of evidence in civil proceedings. It takes stock of the existing regulation (from 2001), but provides for a number of changes to remove legal uncertainty and to promote electronic communications. Continue reading

A common EU approach to liability rules and insurance for connected and autonomous vehicles

Two key trends are shaping the future of personal mobility: first, a shift from human (driver-driven) to machine (driverless-supercomputer driven) control of vehicles and second, a shift from individual to shared ownership of vehicles. Continue reading

Civil law rules on robotics [Plenary Podcast]

Written by Rafal Manko, The Legal Affairs (JURI) Committee has tabled a report with recommendations to the Commission on the civil-law and ethical aspects of robotics. The report calls for EU legislation introducing a register of robots, setting up an EU Agency for Robotics and laying down principles of civil liability for damages caused by … Continue reading

Child-friendly justice in the EU

Written by Anna Dimitrova-Stull, Ulla Jurviste and Irene Penas Dendariena, Every year hundreds of thousands of children across the EU are involved in judicial proceedings. They may enter into contact with justice systems in many different ways: for family issues such as divorce or adoption, in administrative justice for immigration or nationality matters or in … Continue reading

The EU Trademark reform package [EU Legislation in Progress]

Written by Tambiama Madiega (1st edition), The Commission, the Council and the European Parliament (EP) have reached a second-reading agreement on the trademark reform package. Following the Legal Affairs Committee reports adopted on 3 December 2015, the EP plenary is set to approve the amended legislation and the renaming of the Office for Harmonization in … Continue reading

Europeanisation of Civil Procedure

Written by Rafał Mańko On Friday, 26 June 2015, the EPRS Citizens’ Policies Unit, in cooperation with the European Added Value Unit, held a Policy Hub devoted to the Europeanisation of Civil Procedure. Moderated by Etienne Bassot, Director of the Members’ Research Service, the Policy Hub brought experts in the field like Stefaan Voet and Bart Krans together … Continue reading

Brand protection: new trends in EU case-law

At present, EU law and especially the case-law of the Court of Justice of the EU (CJEU) provides wide-ranging protection of brands, which are considered as trademarks in law, covering such functions of trademarks as their use for the purposes of advertising, investment and communication with consumers. However, this approach causes controversy because it broadens … Continue reading

Common European Sales Law

6 language versions available in PDF format Gemeinsames Europäisches Kaufrecht Normativa común de compraventa europea Droit commun européen de la vente Diritto comune europeo della vendita Wspólne europejskie przepisy dotyczące sprzedaży Common European sales law The proposed Common European Sales Law (CESL) is intended to create a uniform set of contract rules available to traders … Continue reading

Trademark reform package

For more than 15 years there has been a dual system of trademark (TM) law in Europe: an EU-wide Community TM (CTM), and harmonised national TMs. The Commission proposal aims at more harmonisation and coordination, but does not address TM-related concerns over free expression. Background The current EU legal framework on TMs encompasses the TM … Continue reading

Private law, democracy, fairness

The famous political philosopher John Rawls (1921-2002) put forward a theory of justice according to which the ‘basic structure of society‘ (its political, legal and economic arrangements) has the key task of distributing benefits and burdens among members of that society. Whether a given society is fair, depends ultimately on its ‘basic structure‘. A controversial … Continue reading

Methods for unifying private law in the EU

Private law regulates rela­tionships between private individuals, for example between a consumer and a business. The EU may legislate in this area only where specifically authorised by the Treaties, for instance to harmonise national private-law rules posing obstacles to the functioning of the internal market, or to promote judicial cooperation in civil matters. The two … Continue reading

Crisis in Central African Republic: the EU response

Long viewed as a fragile state, the Central African Republic (CAR) is now confronted with a deep political, security and humanitarian crisis, which reached a peak in December 2013. The EU is the main donor to CAR and has stepped up its humanitarian and development aid in response to the crisis. An escalating crisis The … Continue reading

European small claims procedure: An opportunity for enhancing cross-border enforcement

Legislatures in some EU Member States (MS) have introduced special, simplified and accelerated tracks for small claims in legally uncomplicated cases. Those procedures vary both as regards the threshold and level of simplification. The Treaty of Amsterdam gave the EU powers to harmonise civil procedure. As part of that mandate, the EU has adopted a … Continue reading

Using ‘scoreboards’ to assess justice systems

The European Commission published the first edition of the EU Justice Scoreboard in March 2013, a document assessing the quality of the justice systems in the Member States. The Commission’s initiative falls within a broader set of reports and indicators aimed at evaluating justice systems and the rule of law. Background Numerical indicators increasingly have … Continue reading

“Habitual residence” as connecting factor in EU civil justice measures

In the EU’s recent Succession Regulation, habitual residence is the key connecting factor for determining both which courts have jurisdiction and what law is applicable to a trans­natio­nal succession. Habitual residence is increa­singly being used as a connecting factor in EU legislation which includes “conflict of laws” rules. Conflict rules and their harmonisation In any … Continue reading

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