Dochodzenie roszczeń ze sprzedaży towarów w obrocie międzynarodowym na obszarze UE. Zagadnienie jurysdykcji

2016 ◽  
pp. 107-122
Author(s):  
Agata Michalska-Olek
Keyword(s):  
European Union ◽  
European Parliament ◽  
The European Union ◽  
Community Law ◽  
Judicial Decisions ◽  
Cross Border ◽  
National Jurisdiction ◽  
Recognition And Enforcement ◽  
The Way

The article aims to show the possible ways of judicial redress for claims resulting from sales of goods especially including the issue of jurisdiction and application of the provisions of national law or the provisions of Community law. In the article the provisions of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as well as the provisions of regulations of the European Parliament and of the Council were widely discussed. The author discusses in particular the issue related to cross-border contracts for the sales-of-goods within the European Union. Part of the deliberations concerns judicial rulings, in particular judicial decisions issued in cases in which the court shall consider the issue of jurisdiction of its own motion. In the conclusion of the article it is stated that the choice between the national jurisdiction and the jurisdiction of other states will depend on the terms of agreement between the parties as well as the documents related to the transaction, in particular consignment notes (CMR), and the EXW clauses – such a formulation means that the parties agreed to the way of delivery of goods according to the commercial (Incoterms) clauses, determining in such a way the issue of jurisdiction.

Environmental Inspections at the EU: The imperative to move forward

elni Review ◽  
2009 ◽  
pp. 79-82
Author(s):  
Ana Barreira
Keyword(s):  
European Union ◽  
Environmental Policy ◽  
European Commission ◽  
Current Status ◽  
The European Union ◽  
Member States ◽  
Community Law ◽  
European Institutions ◽  
The Eu ◽  
The Way

The European Commission has recognised that “[l]aws do not serve their full purpose unless they are properly applied and enforced”. In addition “[t]he European Institutions and the Member States should continue to develop their work to ensure that Community law is correctly applied and implemented”. There are diverse tools for guaranteeing compliance such as compliance indicators, compliance and enforcement strategies and environmental inspections, the purpose of which is to supervise compliance. This article focuses on the latter. Firstly, the way in which this instrument was incorporated under Community environmental policy is examined. Secondly, the current status of environmental inspections at EU level is briefly analysed. Thereafter, it will concentrate on the proposals for the review of this tool, ending with some recommendations on how environmental inspections should be regulated in the European Union with a focus on the demands of European Environmental Bureau (EEB) on this matter.

scholarly journals La reforma del Tribunal General de la Unión Europea

2017 ◽  
pp. 549
Author(s):  
Vlad Constantinesco
Keyword(s):  
European Union ◽  
European Parliament ◽  
The European Union ◽  
Financial Cost ◽  
Recent Reform ◽  
Points Of View ◽  
The Way

La reciente reforma del Tribunal General de la Unión Europea por parte del Reglamento 2015/2422 del Parlamento Europeo y del Consejo del 16 de noviembre de 2015 es digna de especial atención. Es susceptible de ser criticada desde diversos puntos de vista: al menos por la manera en la cual se condujo la reforma, su coste financiero, y finalmente la impresión que la reforma no llegara verdaderamente a alcanzar sus objetivos. Este artículo explica el alcance de la reforma y las diferentes críticas que cabe realizar a la misma.The recent reform of the General Court of the European Union by the 2015 regulation / 2422 of the European Parliament and of the Council of 16 November 2015 is worthy of special attention. It is likely to be criticized from various points of view: at least for the way in which led reform, financial cost, and finally the impression that reform did not come truly to achieve their goals. This article explains the scope of reform and various criticisms that can be performed to it.

scholarly journals Choice-of-court Agreements in the E-commerce International Contracts

2017 ◽  
Vol 11 (1) ◽  
pp. 63-76 ◽  
Author(s):  
Anabela Susana de Sousa Gonçalves
Keyword(s):  
European Union ◽  
European Parliament ◽  
Legal Framework ◽  
The European Union ◽  
Court Of Justice ◽  
Recognition And Enforcement ◽  
Commerce International

The choice-of-court agreements are a common practice in the e commerce international contracts. In the European Union, the choice-of-courts agreements find their legal framework in Article 25 of Regulation No. 1215/2012 of the European Parliament and of the Council, of 12 December 2012, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis). The purpose of this paper is to analyse the current legal framework, in the European Union, of the jurisdiction agreements in international contracts concluded in e commerce, comparing it to the previous one, and taking into consideration the interpretative options of the European Union Court of Justice (ECJ).

scholarly journals The Legal Regulation of Crowdfunding in the European Union

2021 ◽  
Vol 16 (10) ◽  
pp. 12-19
Author(s):  
G. G. Shaposhnikov
Keyword(s):  
European Union ◽  
European Parliament ◽  
Legal Regulation ◽  
The European Union ◽  
Cross Border ◽  
European Union Legislation

The paper examines the provisions of the current European Union legislation in the field of crowdfunding in order to establish the features of the legal regulation of the issue in question. The author examines the prerequisites for the adoption of the first special acts regulating crowdfunding at the level of the European Union. The paper designates the scope of regulation of the basic act on European crowdfunding–Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European providers of crowdfunding services for businesses, and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937. It also describes the basic requirements for the providers of crowdfunding services, the rules for the provision of crowdfunding services in the territory of the European Union and highlights the procedures necessary to implement the provisions of the Regulation under consideration. It is noted that the structure of crowdfunding regulation within the European Union is not uniform, crowdfunding activities are cross-border, and certain forms of crowdfunding are not subject to regulation by existing regulations.

21. The 1996 Hague Convention on the Protection of Children

2021 ◽  
pp. 798-812
Author(s):  
N V Lowe ◽  
G Douglas ◽  
E Hitchings ◽  
R Taylor
Keyword(s):  
European Union ◽  
Hague Convention ◽  
The European Union ◽  
Parental Responsibility ◽  
Applicable Law ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
The Uk ◽  
Different Cultures

Many relationships are now transnational ones between parties from different cultures and countries. The breakdown of these relationships means that increasing numbers of children are caught up in cross-border disputes. Such disputes raise a variety of issues, including which court should hear any question concerning the children’s upbringing, what happens if each parent brings separate proceedings at the same time, and about the enforceability of orders, for example that a parent living in one country should see their child in another country. Now that the UK has left the European Union the key international instrument for dealing with these issues is the 1996 Hague Convention on the Protection of Children which provides basic rules of jurisdiction for hearing cases concerning children and a consequential system of recognition and enforcement of decisions concerning parental responsibility. This chapter discusses the following aspects of the 1996 Convention: its aims, scope, the jurisdictional rules, applicable law with regard to parental responsibility, recognition and enforcement, the placement of children abroad and safeguarding rights of access.

Enforcement of European environmental law - The European Parliament comments on the Commission’s report

elni Review ◽  
2008 ◽  
pp. 81-85
Author(s):  
Sebastian Tusch
Keyword(s):  
European Union ◽  
European Community ◽  
Annual Report ◽  
Environmental Law ◽  
European Parliament ◽  
The European Union ◽  
Member States ◽  
Community Law ◽  
Structural Problems ◽  
European Community Law

The European Commission publishes a yearly “Report on the Monitoring of the Application of Community Law in the Member States of the European Union”. The 2005 edition was reviewed by a member of the Parliament, namely Monica Frassoni, from Italy (Greens/EFA-IT). Her report has recently been adopted by a noteworthy resolution of the European Parliament. The resolution points out both the structural problems of enforcing European Community law and the disputable approach of the Commission during the last few years. The European Parliament recognises that European Community law is not being applied consistently. The Members of the European Parliament (MEPs) refer to the annual report of the Commission in which the infringement proceedings initiated by the Commission are listed. This report illustrates that the number of detected infringements decreased from 2709 (in 2003) to 2653 (in 2005). This drop by 56 infringements seems at first sight not to be significant. But this reported decrease of procedures happened despite the fact that the European Union increased the number of Member States from 15 to 25 in 2004. Against this background, the lower level in 2005 is indeed questionable. Basically, the enlargement of the European Union was expected to cause a significant increase of infringement procedures against the Member States. This applies in particular to new Member States whose legal systems had been – in terms of compliance with European law – divergent from those in the other Member States.

scholarly journals Differences Between the Recognition and Enforcement of Authentic Instruments and the Recognition and Enforcement of Judgments

Lexonomica ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 1-16
Author(s):  
Maria Dymitruk ◽  
Jacek Gołaczyński ◽  
Maria Kaczorowska ◽  
Piotr Rodziewicz
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Order ◽  
The European Union ◽  
Cross Border ◽  
Court Of Justice ◽  
Recognition And Enforcement ◽  
The Subject ◽  
Definition Of

The subject of the article is to analyse and compare the specificity of judgments and authentic instruments in terms of cross-border recognition and enforcement under the Brussels I Recast Regulation framework. Particular focus has been put on the practical aspects of the definition of an authentic instrument. Selected detailed issues arising against this background have been discussed with reference to the Polish legal order as well as the case-law of the Court of Justice of the European Union (CJEU). Based on the undertaken considerations, some proposals have been formulated regarding the enhancement of the free circulation of authentic instruments within the European Union.

scholarly journals Provisional Security of Creditors in Cross-border Civil and Commercial Matters

Lexonomica ◽  
2020 ◽  
Vol 12 (2) ◽  
pp. 129-148
Author(s):  
Neža Podgorelčnik Vogrinec
Keyword(s):  
European Union ◽  
Case Law ◽  
The Other ◽  
The European Union ◽  
Provisional Measure ◽  
Member States ◽  
Cross Border ◽  
Recognition And Enforcement

Provisional measures can be of utmost importance to creditors especially in relationships with a cross-border element. The Regulation 1215/2012 is the legal source that provides rules regarding the jurisdiction to issue a provisional measure but also offers imperfect provisions regarding the recognition and enforcement of foreign provisional measures issued in the other Member States of the European Union. Due to the inadequate regulation, CJEU case law has played an important role, but nevertheless, the article finds and opens new questions that have not yet been answered.

Obywatele Unii Europejskiej – wyborcy Parlamentu Europejskiego – parlamentu ponadnarodowego

2016 ◽  
Vol 14 (3) ◽  
pp. 147-162
Author(s):  
Stefan Marek Grochalski
Keyword(s):  
European Union ◽  
Subject Matter ◽  
European Parliament ◽  
Legal Regulations ◽  
The European Union ◽  
Democratic State ◽  
The Subject ◽  
Direct Elections

Parliament – an institution of a democratic state – a member of the Union – is not only an authority but also, as in the case of the European Union, the only directly and universally elected representative body of the European Union. The article presents questions related to the essence of parliament and that of a supranational parliament which are vital while dealing with the subject matter. It proves that the growth of the European Parliament’s powers was the direct reason for departing from the system of delegating representatives to the Parliament for the benefit of direct elections. It presents direct and universal elections to the European Parliament in the context of presenting legal regulations applicable in this respect. It describes a new legal category – citizenship of the European Union – primarily in terms of active and passive suffrage to the European Parliament, as a political entitlement of a citizen of the European Union.

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