European Commission 2024 Work Programme: Delivering Today and Preparing for Tomorrow

On 17 October 2023, the European Commission adopted its 2024 work programme. As explained in a press release, the programme aims at simplifying the rules for citizens and businesses across the Union.

The initiatives that the Commission plans to take, or pursue with particular interest, in the course of 2024 are listed in three annexes.

Annex I is concerned with new policy and legislative initiatives. None of the initiatives in question relates to judicial cooperation in civil matters.

Annex II, on REFIT initiatives (i.e., initiatives aimed at making EU law simpler, less costly and future proof), contemplates, among other things, a revision of online dispute resolution for consumer disputes.

The repeal of the online dispute resolution for consumer disputes Regulation (Regulation (EU) No 524/2013) will remove associated reporting requirements, which are no considered to be longer needed. In addition, a proposal for a directive amending Directive 2013/11 on alternative dispute resolution for consumer disputes is addressed. The goal is, generally, to simplify and reduce current reporting requirements.

Various procedures with possible implications for private international law are featured in Annex III, which lists the pending procedures that the Commission regards as a priority. Although they are based on Article 114 TFEU rather than Article 81 TFEU, they are also relevant to private international law, notably insofar as they lay down provisions which are meant to apply whatever the applicable law, as determined under conflict-of-law rules, and accordingly interfere with the latter.

The list features the proposed Regulation on combating late payment in commercial transactions. The text is meant to address the inadequacy of the current legal framework, as shaped by Directive 2011/7 (the Late Payment Directive).

The proposed Directive on liability for defective products, repealing Directive 85/374 (Product Liability Directive) is also among the listed priorities, as is the proposed Directive on adapting non-contractual civil liability rules to artificial intelligence (AI Liability Directive). The objective of the latter is to promote the rollout of trustworthy AI to harvest its full benefits for the internal market. It does so by ensuring victims of damage caused by AI obtain equivalent protection to victims of damage caused by products in general. It also reduces legal uncertainty of businesses developing or using AI regarding their possible exposure to liability and prevents the emergence of fragmented AI-specific adaptations of national civil liability rules.

The proposed Directive on improving working conditions in platform work is equally on the list. Its rules may have a bearing on the operation of the rules of Rome I on the law applicable to employment contracts.

Annex III goes on by mentioning the proposed Directive on European cross-border associations, and the connected proposed Regulation as regards the use of the Internal Market Information System and the Single Digital Gateway, which aim at facilitating the effective exercise of freedom of movement of non-profit associations operating in the internal market.

The list further includes the proposals on the digital euro (see further this post) and the proposed Directive harmonising certain aspects of insolvency law. According to the Commission, action at EU level is needed in the field of insolvency to substantially reduce the fragmentation of insolvency regimes. The future instrument would support the convergence of targeted elements of Member States’ insolvency rules and create common standards across all Member States, thus facilitating cross-border investment. Measures at EU level would ensure a level playing field and avoid distortions of cross-border investment decisions caused by lack of information about and differences in the designs of insolvency regimes. This would help to facilitate cross-border investments and competition while protecting the orderly functioning of the single market. Since divergences in insolvency regimes are a key obstacle to cross-border investment, addressing this obstacle is crucial to realising a single market for capital in the EU.