selection

legal procedures

This tag is associated with 8 posts

Citizens’ enquiries on the composition of the European Parliament, following Court of Justice ruling on case C-502/19

The President of the European Parliament has recently received a large number of messages following the judgement of the Court of Justice of the European Union in case C-502/19, Junqueras Vies, of 19 December 2019. 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

Reform of the EU Insolvency Regulation

The Commission’s proposal to amend the Insolvency Regulation addresses many of the issues identified as problematic in a 2011 resolution of Parliament, in particular group insolvency, but does not go as far as harmonising national rules. Background The Regulation on insolvency proceedings, applicable since 2002 to all Member States (MS) except for Denmark, lays down … Continue reading

Orders for payment in the EU: National procedures and the European Order for Payment

Every year, 1 million small businesses in the EU face problems with collecting cross-border debts, and as much as €600 million in cross-border claims are never satisfied. Domestic orders for payment are an effective tool for debt collection in the Member States. Although they exist in many Member States, they differ to a great extent, … Continue reading

Legal Initiatives for Business & Growth in the EU – In Focus

Developing strategies to foster economic growth, with a particular emphasis on SMEs, is one of the EU’s key priorities. In this thematic week we focus on legal initiatives currently on the table to aid business and economic growth in Europe. Streamlining legal rules regarding businesses activity Business law is the legal backbone of economic activity. … Continue reading

Parliament’s legislative initiative

The European Commission has a near monopoly on legislative initiative in the European Union (EU), with special initiative rights for other institutions applying only in certain specific cases. However, the European Parliament (EP), and the Council, have the right to invite the Commission to present legislative proposals. Whilst this ‘indirect’ initiative right does not create … Continue reading

EU Legislative programming

Every year in September, the President of the Commission in his State of the Union speech to the European Parliament presents priorities for the year ahead, which should become part of the European Commission’s Work Programme (CWP) for this period. The European Parliament has influence over the priorities and can request modifications to the legislative … 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

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