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Le 11 juillet 2019 la Cour européenne des droits de l’homme a rendu deux arrêts de chambre particulièrement intéressants relatifs à des gardes à vue antérieures à la réforme du 14 avril 2011.

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Saisi de conclusions aux fins d’annulation du refus d’abroger un acte réglementaire, le juge de l’excès de pouvoir se prononce au regard des règles applicables à la date de sa décision.

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Many thanks to Gustavo Cerqueira for this post:

The Société de législation comparée and the International Commission on Civil Status organize in partnership with the universities of Strasbourg and Reims an international symposium dedicated to the establishment of the content of foreign law and the need to consider appropriate instruments for cooperation.
The importance of the subject is major. On the one hand, the place nowadays given to foreign law in the settlement of disputes is growing. On the other hand, the intensified role of the various legal professions in the application of foreign law is indisputable. While judges and civil registrars were more traditionally exposed to such an office, nowadays it is notaries and lawyers in their dual role of advising and drafting documents who are called upon to take into account or implement foreign law.
In this context, while European Union law is often at the root of the involvement of these various actors in the application of foreign law, another, more recent phenomenon further increases the occurrences of how the law is handled: the extensive jurisdictional competition between European States as a result of Brexit. Indeed, Paris, Amsterdam, Brussels and other capitals establish courts and chambers specializing in international litigation and the application of foreign law.
The stakes are high. The search for appropriate cooperation instruments for a good knowledge of foreign law is necessary in the face of rapidly evolving national laws and case law. These changes, which are specific to each system, therefore reinforce the need for access to reliable foreign law content in order to guarantee legal certainty for litigants, as well as to avoid the civil liability of legal service providers and even fraud in the manipulation of foreign solutions.
The research envisaged takes place in an environment in which there are formal and informal cooperation mechanisms whose effectiveness is only partial in view of the complexity of the phenomena that covers the application of foreign law. Indeed, they were designed to deal with a foreign law that is supposed to be stable and not plural in its sources. These mechanisms, which are not very visible, are also unknown by the practitioners themselves. The current discussions at European (EU) and international level (Hague Conference) attest to the urgent need to consider responses in this area through one or more relevant and effective instruments.
This is the purpose of the symposium. After having established a large inventory, it will be necessary to discuss solutions adapted to the different requirements revealed by both the type of situation to be dealt with and the type of professional involved.
The symposium will be held on 28 November 2019 at the French Court of Cassation (Chambre Criminelle, 5, Quai de l’Horloge, 75001 – Paris).

Registration: emmanuelle.bouvier@legiscompare.com

Conference Directors:
Dr. Gustavo Cerqueira, Agrégé des Facultés de droit, University of Reims (France)
Dr. Nicolas Nord, Deputy Secretary General of the ICCS, Senior Lecturer at the University of Strasbourg (France)

On 12 September 2019, the University of Silesia in Katowice (Poland) will host a  conference on Regulation 650/2012 – the Succession Regulation and on the various issues relating to the succession matters within the European area of freedom, security and justice.

The conference is organized at the occasion of the annual session of the European Group for Private International Law (EGPIL/GEDIP) that will be held at the premises of the University of Silesia in Katowice at the invitation of a member of the Group and a Professor at Silesia – First CJEU Advocate General Maciej Szpunar. Readers of the blog will know that Szpunar AG regularly opines on matters of PIL.

The opening session of the conference will be devoted to the review of Member States’ first experiences with the application of the Succession Regulation. Practitioners undoubtedly are aware that experience with and questions re the application of the Regulation are now coming thick and fast.

This session will be followed by two panel discussions.

Scholars and practitioners speaking include Professor Stefania Bariatti (University of Milan), Professor Andrea Bonomi (University of Lausanne; with prof Patrick Wauthelet author of the standard work on the Regulation), Professor Jürgen Basedow (Max-Planck-Institut), Professor Christian Kohler (University of Saarbrücken), Professor Cristina González Beilfuss (University of Barcelona) Michael Wilderspin (European Commission; a regular agent for the EC in PIL cases at the CJEU); and Professor Paul Lagarde (University of Paris 1 – Panthéon-Sorbonne, Professor emeritus.

Upon the conclusion of the conference, on 13 September, the University of Silesia will award prof Lagarde a Doctorate Honoris Causa and he will deliver a commemorative lecture at this occasion: a good reason to stick around an extra day, I think.

Of note may be the most, most affordable fee of just under Euro 60 for such a stellar conference.

Draft programme of the conference is here. More details are available at the website of the University hosting the conference (scroll down for the English version).

Geert.

(Handbook of) EU Private International Law, 2nd ed. 2016, Chapter 6.