The EFFORTS Project in brief
Embracing a practice driven approach, a consortium of experts in international procedural law will analyse the existing legislation and case-law of the 7 targeted Member States (Belgium, Croatia, France, Germany, Italy, Lithuania, Luxembourg), promote the exchange of practices among operators (at 7 seminars) and collect good practices, with regards to the interaction of EU Regulations on circulation of judicial decisions and national legislation.
The consortium will: pursue clarity by means of 7 Practice Guides on cross-border recovery of claims in the targeted Member States – contribute to the improvement of existing EU and national legislation by drafting Policy recommendations for national and EU policymakers – setting up the EFFORTS Network and a Working Group on the digitalization of enforcement procedures.
About the Project
This issue of the EFFORTS Newsletter is, of course, dedicated mostly to the publication of the first public Reports of the Project: the Reports for the Collection of national implementing rules. The six partners of the Project have drafted the seven Reports for the Collection of Belgian, Croatian, French, German, Italian, Lithuanian and Luxemburg implementing rules. The Reports are downloadable from the EFFORTS Website.
These 7 reports on the Collection and analysis of targeted Member States’ rules implementing the EFFORTS Regulations constitute one of the main milestones of the EFFORTS Project. Following the Template drafted by the University of Heidelberg, the Partners – coordinated by the University of Milan and the Max Planck Institute Luxembourg – collected and analyzed the implementing rules, presenting a multifaced panorama of implementing policies adopted by the targeted MSs. In some cases the implementation strategy adopted concentrates on implementing the rules for the EFFORTS EU Regulations in the national codes, while in other cases the implementation strategy is variable, with the adoption of implementing laws of different consistency and more or less detailed in their content. Also the historical approach to implementing EU Regulations is variable, to the point that in some cases the implementation strategy was built recently. Lastly, the application of the targeted Regulations sees a variable number of claims amongst the targeted MSs.
News on international and comparative civil procedural law
1. Journal and reviews
Giustizia consensuale, Issue 1, 2021
The inaugural issue of the journal Giustizia consensuale (literally “Justice by agreement”, Ed.) has been published. The journal is biannual and it is directed by Prof. S. Dalla Bontà and Prof. P. Lucarelli. An excerpt from the presentation of the journal reads: “By adopting an interdisciplinary and holistic approach, the journal aims to investigate the meaning of consensual justice, its relation with judicial justice, and the potential for integrating – rather than contrasting – these two forms of justice. This investigation is premised on the relationship between justice and private autonomy as well as forms of integrative, participatory, and restorative justice. By being particularly suited for meeting the needs of an increasingly complicated and multi-faceted society, these forms of justice ultimately promote social cohesion and reconciliation”. Find the first issue downloadable in open access below.
Other
- Rivista di diritto internazionale privato e processuale: Issue 2 of 2021
- International & Comparative Law Quarterly: Issue 3 of 2021
- Revue Critique de Droit International Privé: Issue 2 of 2021
2. Publications
- Hess, Burkhard, Reforming the Brussels Ibis Regulation: Perspectives and Prospects (July 27, 2021). MPILux Research Paper 2021(4), Available at SSRN: https://ssrn.com/abstract=3895006 or http://dx.doi.org/10.2139/ssrn.3895006
- Villata, Francesca and Giugliano, Valeria and Molinaro, Gabriele, La giurisprudenza italiana sui regolamenti europei in materia di recupero transnazionale dei crediti, 2021, CEDAM-Wolters Kluwer
- Herrup, Paul and Brand, Ronald A., A Hague Convention on Parallel Proceedings (July 27, 2021). U. of Pittsburgh Legal Studies Research Paper No. 2021-23, Available at SSRN: https://ssrn.com/abstract=3894502 or http://dx.doi.org/10.2139/ssrn.3894502
3. News
Debate on the ratification of the Hague Choice of Court Agreements Convention on the Kluwer Arbitration Blog
EPO and EAPO Regulations: A new reform of the Luxembourgish Code of Civil Procedure on Conflict of Laws