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Non renvoyée au Conseil constitutionnel

Non renvoyée au Conseil constitutionnel

Non renvoyée au Conseil constitutionnel

On 15 June 2015, the Council of the European Union adopted a decision authorising certain Member States to accept, in the interest of the European Union, the accession of Andorra to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, and an analogous decision regarding the acceptance of the accession of Singapore to the same Convention (publication of both decisions in the Official Journal is pending).

The two decisions rest on Opinion 1/13 of 14 October 2014. In this Opinion, the ECJ — having regard to Regulation No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels IIa) — stated that the declarations of acceptance under the Hague Child Abduction Convention fall within the exclusive external competence of the Union.

Before the ECJ rendered this Opinion, some Member States had already accepted the accession of Andorra and Singapore. Presumably, they did so on the assumption that the European Union was not vested with an exclusive competence in this respect and that, accordingly, each Member State was free to decide whether to become bound by the Convention vis-à-vis individual acceding third countries, as provided by Article 38(3) of the Convention itself (for an updated overview of the accessions to the Convention and the acceptances thereof, see this page in the website of the Hague Conference on Private International Law).

The two Council decisions of 15 June 2015 are addressed only to the Member States that have not already accepted the accession of Andorra and Singapore, respectively. In fact, the Council preferred not to question in light of Opinion 1/13 the legitimacy of ‘old’ declarations made by Member States, and noted, with pragmatism, that a decision regarding the acceptance of the two accessions was only needed with respect to the remaining Member States.

In two identical statements included in the minutes of the above Council decisions (see here and here), the European Commission regretted that the decisions “cover only the Member States which have not yet accepted Andorra and Singapore”, so that “the Member States which proceeded to accept third States’ accessions in the past are not covered by any authorisation by the Union, which is in principle necessary pursuant to Article 2(1) TFEU” (according to the latter provision, “when the Treaties confer on the Union exclusive competence in a specific area, only the Union may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the Union or for the implementation of Union acts”).

In its statements, the Commission also stressed “that any future acceptance by Member States of the accession of a third country must be covered by a prior authorisation”.

On 15 June 2015, the Council of the European Union adopted a decision authorising certain Member States to accept, in the interest of the European Union, the accession of Andorra to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, and an analogous decision regarding the acceptance of the accession of Singapore to the same Convention (publication of both decisions in the Official Journal is pending).

The two decisions rest on Opinion 1/13 of 14 October 2014. In this Opinion, the ECJ — having regard to Regulation No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels IIa) — stated that the declarations of acceptance under the Hague Child Abduction Convention fall within the exclusive external competence of the Union.

Before the ECJ rendered this Opinion, some Member States had already accepted the accession of Andorra and Singapore. Presumably, they did so on the assumption that the European Union was not vested with an exclusive competence in this respect and that, accordingly, each Member State was free to decide whether to become bound by the Convention vis-à-vis individual acceding third countries, as provided by Article 38(3) of the Convention itself (for an updated overview of the accessions to the Convention and the acceptances thereof, see this page in the website of the Hague Conference on Private International Law).

The two Council decisions of 15 June 2015 are addressed only to the Member States that have not already accepted the accession of Andorra and Singapore, respectively. In fact, the Council preferred not to question in light of Opinion 1/13 the legitimacy of ‘old’ declarations made by Member States, and noted, with pragmatism, that a decision regarding the acceptance of the two accessions was only needed with respect to the remaining Member States.

In two identical statements included in the minutes of the above Council decisions (see here and here), the European Commission regretted that the decisions “cover only the Member States which have not yet accepted Andorra and Singapore”, so that “the Member States which proceeded to accept third States’ accessions in the past are not covered by any authorisation by the Union, which is in principle necessary pursuant to Article 2(1) TFEU” (according to the latter provision, “when the Treaties confer on the Union exclusive competence in a specific area, only the Union may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the Union or for the implementation of Union acts”).

In its statements, the Commission also stressed “that any future acceptance by Member States of the accession of a third country must be covered by a prior authorisation”.

Non renvoyée au Conseil constitutionnel

Non renvoyée au Conseil constitutionnel

Non renvoyée au Conseil constitutionnel

Non renvoyée au Conseil constitutionnel

A conference organised by AIGA, the Italian Association of Young Lawyers, will take place on 2 July 2015 in Brussels, in the Paul-Henri Spaak building of the European Parliament, to discuss the legal aspects of the Digital Single Market (the creation of which is one of the ten priorities of the European Commission presided by Jean-Claude Juncker).

The conference, which is titled Building the legal infrastructure of the Digital Single Market, will consist of three sessions.

The first session, Setting the policy framework, will be chaired by Hans Schulte-Nölke of the University of Osnabrück. It will feature presentations by Gintare Surblyte of the Max Planck Institute for Innovation and Competition in Munich (Internet and Regulation: the debate on Net Neutrality) and Oreste Pollicino of the Bocconi University of Milan (The sense of the Court of Justice of the European Union for digital privacy: interpretation or manipulation?).

Michael Lehmann of the Max Planck Institute for Innovation and Competition will chair the second session, devoted to A European law for digital contents: the challenge of harmonisation. It will feature presentations by Johannes Druschel of the Ludwig Maximilian University of Munich (Digital contents under the European Sales Law) and Alberto De Franceschi of the University of Ferrara (The issue of digital contents after the Consumer Rights Directive – The ‘button solution’ and the right of withdrawal).

Under the title Managing legal diversity within the Digital Single Market, the third session, chaired by Francisco Garcimartín Alférez of the Universidad Autónoma of Madrid, will address some private international law issues relating to the functioning of the Digital Single Market. Presentations will be delivered by Lorna E. Gillies of the University of Leicester (Cross-border online digital service contracts: Which court decides ? What law applies?) and Pietro Franzina of the University of Ferrara (Localising digital torts: settled and open issues).

Admittance is free, but, for security reasons, those wishing to attend the conference must send an e-mail by Wednesday, 24 June 2015 to Mario Galluppi di Cirella, Vice-President of the AIGA Foundation, at mariodicirella@hotmail.com. The seating capacity of the conference room is limited. Successful applicants will receive a confirmation by 27 June 2015.

The poster of the conference may be downloaded here.

A conference organised by AIGA, the Italian Association of Young Lawyers, will take place on 2 July 2015 in Brussels, in the Paul-Henri Spaak building of the European Parliament, to discuss the legal aspects of the Digital Single Market (the creation of which is one of the ten priorities of the European Commission presided by Jean-Claude Juncker).

The conference, which is titled Building the legal infrastructure of the Digital Single Market, will consist of three sessions.

The first session, Setting the policy framework, will be chaired by Hans Schulte-Nölke of the University of Osnabrück. It will feature presentations by Gintare Surblyte of the Max Planck Institute for Innovation and Competition in Munich (Internet and Regulation: the debate on Net Neutrality) and Oreste Pollicino of the Bocconi University of Milan (The sense of the Court of Justice of the European Union for digital privacy: interpretation or manipulation?).

Michael Lehmann of the Max Planck Institute for Innovation and Competition will chair the second session, devoted to A European law for digital contents: the challenge of harmonisation. It will feature presentations by Johannes Druschel of the Ludwig Maximilian University of Munich (Digital contents under the European Sales Law) and Alberto De Franceschi of the University of Ferrara (The issue of digital contents after the Consumer Rights Directive – The ‘button solution’ and the right of withdrawal).

Under the title Managing legal diversity within the Digital Single Market, the third session, chaired by Francisco Garcimartín Alférez of the Universidad Autónoma of Madrid, will address some private international law issues relating to the functioning of the Digital Single Market. Presentations will be delivered by Lorna E. Gillies of the University of Leicester (Cross-border online digital service contracts: Which court decides ? What law applies?) and Pietro Franzina of the University of Ferrara (Localising digital torts: settled and open issues).

Admittance is free, but, for security reasons, those wishing to attend the conference must send an e-mail by Wednesday, 24 June 2015 to Mario Galluppi di Cirella, Vice-President of the AIGA Foundation, at mariodicirella@hotmail.com. The seating capacity of the conference room is limited. Successful applicants will be notified by 27 June 2015.

The poster of the conference may be downloaded here.

Non renvoyée au Conseil constitutionnel

Non renvoyée au Conseil constitutionnel

Non renvoyée au Conseil constitutionnel

Non renvoyée au Conseil constitutionnel

Non renvoyée au Conseil constitutionnel

Irrecevabilité

Non renvoyée au Conseil constitutionnel

Non renvoyée au Conseil constitutionnel

It is my pleasure to announce the release of this work aiming at the preparation of a Model Law OHADAC of private international law. The project has been carried out thanks to the cooperation between ACP Legal, based in Guadeloupe (France), and the entity Iprolex, SL, Madrid, financed by European funds from the INTERREG project for actions in the field of harmonization of business law in the Caribbean.

The initiative began with the establishment of a team led by experts from Spain, France and Cuba: Prof. Dr. Santiago Álvarez González (Santiago de Compostela), Prof. Dr. Bertrand Ancel (Paris II), Prof. Dr. Pedro A. de Miguel Asensio (Complutense, Madrid), Prof. Dr. Rodolfo Dávalos Fernández (La Habana), and Prof. Dr. José Carlos Fernandez Rozas, (Complutense, Madrid). In carrying out this ambitious project Iprolex, SL has also benefited from the support of a large group of specialists who have worked along three distinct stages for a period of over a year.

In the book the preparatory works in view of the Model Law are preceded by in-depth studies on the various systems involved: Jose Maria DEL RIO VILLO, Rhonson SALIM and James WHITE: “Private International Law in the Commonwealth Caribbean and British Overseas Territories”; Bertrand ANCEL, “Départements et collectivités territoriales françaises dans l’espace caraïbe”; Lukas RASS–MASSON, “Enquête sur le droit international privé des territoires de l’Ohadac – l’héritage des Pays–Bas”; José Luis MARÍN FUENTES, “Caracteres generales del sistema de Derecho internacional privado colombiano”, Patricia OREJUDO PRIETO DE LOS MOZOS, “Le droit international privé colombien et le projet de Loi modèle de l’Ohadac”; José Carlos FERNÁNDEZ ROZAS y Rodolfo DÁVALOS FERNÁNDEZ, “El Derecho internacional privado de Cuba”; Enrique LINARES RODRÍGUEZ, “Le droit international prive du Nicaragua et le projet de loi modèle de l’Ohadac”; Ana FERNÁNDEZ PÉREZ, “El Derecho internacional privado de Puerto Rico: un modelo de americanización malgré lui”; José Carlos FERNÁNDEZ ROZAS, “Pourquoi la République Dominicaine a–t–elle besoin d’une loi de droit international prive ?”; Claudia MADRID MARTÍNEZ, “Características generales del sistema de Derecho internacional privado venezolano”.

The volume, written in Spanish, French and English and conceived as a combination of structured reflections and general proposals at a time, aims to achieve two main objectives. The first one is to consistently gather quantitative data and qualitative information in view of an assessment of already existing instruments that may be useful for optimizing the codification of private international law in the Caribbean geographical context. The second objective is to identify the need, social or institutional demands that must be met by a regulation, evaluating its legal and substantive feasibility and setting up the materials, steps and reports which are deemed appropriate to reach the final aim.

The great political and economic importance of the proposed Model Law, together with the fact that the regulation is complex and very broad, suggests that the involvement of stakeholders (through lobbies or directly), being crucial, may prove insufficient or incomplete. For this reason, public dissemination of the Draft is essential in order to make it known and to invite all agents or individuals interested in participating to express their views, opinions or propositions about a possible adjustment of the work while in progress. The following email address has been set for this purposes: iprolex@iprolex.com.

The deliberations that will start after the release of Draft will be vital: they will provide a sufficient perspective of the views and concerns expressed, thus allowing moving on to elaborate a final proposal, which will then be submitted to the corresponding legislative process.

Armonización del Derecho Internacional Privado en el Caribe.  L’harmonisation du Droit International Privé dans le Caraïbe – Harmonization of Private International Law in the Caribbean. Estudios y materiales preparatorios y proyecto de Ley Modelo OHADAC de derecho internacional privado de 2014, Madrid, Iprolex, 20015, 687 pp. ISBN: 978-84-941055-2-4.