Developments in PIL EU Legislation Normative texts

EU Legislative Priorities for 2023 and 2024: Joint Declaration of the Presidents of the Union’s Political Institutions

As reported on this blog by Marco Pasqua, the European Commission adopted on 18 October 2022 its 2023 Work Programme, listing the legislative proposals, including in the area of private international law, that the Commission itself regarded as a priority.

On 15 December 2022, the Presidents of the European Parliament, the Council and the Commission signed a Joint Declaration on EU legislative priorities for 2023 and 2024. The document, as indicated in the official press release, “sets out a shared European vision for a stronger and more resilient Europe in the face of Russia’s unprovoked, brutal aggression against Ukraine and its wide-ranging impact – all the while tackling other serious challenges such as the climate crisis and economic headwinds”.

The joint declaration is accompanied by a working document, which lists 164 “key legislative proposals”, that the three institutions agreed to prioritise.

Some of these proposals either primarily relate to private international law or include provisions that have, or may have, significant private international law implications.

These include the proposal for a Directive on adapting non-contractual civil liability rules to artificial intelligence; the proposal for a Directive harmonising certain aspects of insolvency law; the proposal for a Directive on Corporate Sustainability Due Diligence; the proposal for a Directive on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (SLAPPs); the proposal for a Regulation on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters; and the proposal for a Regulation on the law applicable to the third-party effects of assignments of claims.

The recently adopted proposal for a Regulation aimed at harmonising at EU level the rules of private international law relating to parenthood (which Marta Requejo presented here) is not among those listed in the document.

There is also no reference to the expected developments regarding the international protection of adults.

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