From the Spanish Presidency of the Council of the European Union: An overview of the current legislative proposal in the field of judicial cooperation in civil matters

Earlier this week (17 October 2023), the Spanish Presidency of the Council of the European Union has circulated, among the delegations of EU Member States, its overview on the ongoing legislative files in the area of Justice and Home Affairs in preparation for the meeting of the Justice and Home Affairs Council scheduled for yesterday and today (19 and 20 October 2023).

Among the many open files in the field of judicial cooperation in civil matters (pp. 9-15 of the overview), it is worth to underline the advancements and actions on: (i)Digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, Regulation and Directive; (ii) E-evidence Regulation and Directive on the designation of designated establishments and the appointment of legal representatives; (iii) Regulation on the law applicable to the third-party effects of assignments of claims; (iv) Directive on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (SLAPPs – ‘Strategic lawsuits against public participation’); (v) Civil liability – adapting liability rules to the digital age and artificial intelligence; (vi) Regulation on mutual recognition of parenthood; (vii) Regulation on the cross-border protection of vulnerable adults; and (viii) Directive on combating violence against women and domestic violence.

On some of the aforementioned dossiers, the readers of RDIPP may refer to the following articles and books.

For assignments of claims:

Antonio Leandro, 2006, No 3, 675 ff.;
Marco Lopez de Gonzalo and Andrea La Mattina, 2012, No 1, 87 ff.;
Caterina Benini, 2021, No 1, 57 ff.;
And, in our Book Series, Alberto Malatesta, Book No 46.

For the SLAPPs Directive:

Christian Kohler, 2022, No 4, 813 ff.

For recognition of parenthood:

Antonietta Di Blase, 2021, No 4, 821 ff.;
Chiara Ragni, 2022, No 1, 43 ff.;
Lenka Válková, 2022, No 4, 854 ff.;
And, in our Book Series, Laura Tomasi, Book No 69.

On combating violence against women and domestic violence in cross-border cases:

Costanza Honorati and Giovanna Ricciardi, 2022, No 2, 225 ff.