The Association invites members to establish Working Groups under the auspices of EAPIL to reflect on topics of private international law and submit their conclusions for endorsement by the Association. Since it is one of the main aims of the Association to offer a pan-European forum to discuss issues of private international law, Working Groups should include members representing a variety of European legal systems.
Nature and purpose of Working Groups
The Association welcomes the constitution of Working Groups on any topic of private international law, whether broad or specific, theoretical or practical. The purpose of Working Groups is to produce documents of various kinds and forms: reports, draft legislation, principles, recommendations, position papers, etc. The time frame of Working Groups may also vary.
Involvement of other members
The members establishing a Working Group can propose to allow the involvement of other interested members in one of two ways:
1. They may propose to establish a Working Group which will be open to the participation of any interested member.
2. They may, for efficiency or other purposes, establish a Working Group with a limited number of participants, and ask for the establishment of a Members’ Consultative Committee, to which they will report on a regular basis. The Members’ Consultative Committee is open to all interested members.
Submitting a proposal for a Working Group
Ordinary members may submit proposals for establishing a Working Group to the Board. Proposals should include:
1. A description of the project, including the issues to be addressed, the form contemplated for its publication and a time frame.
2. The names of at least five ordinary members willing to participate in the working group.
3. The identification of one or two ordinary members responsible for its progress and completion (responsible members).
4. The preferred way to involve interested members in the work of the group.
Approval of Working Groups
Proposals to establish a Working Group must be approved by the Scientific Council. When assessing a proposal, the Scientific Council shall consider:
– the academic or practical interest of the project;
– the European legal systems represented in the prospective Working Group;
– the credentials of the prospective Working Group members including, in Working Groups with a strong practical dimension, their practical experience;
– the proper representation of different gender;
– the proposal to involve interested members.
When approving a Working Group, the Scientific Council appoints one or two ordinary members as responsible members (Working Group Chairs) and provides them with a mandate. The Scientific Council may also establish a Members’ Consultative Group, appoint its chair and decide how regularly the Working Group should report.
Procedure and endorsement of Working Groups
The Working Group Chairs are responsible for organizing regular meetings of the Group and completing their mandate within the timeframe set up therein.
Where a Members’ Consultative Group has been established, the Working Group should inform the Members’ Consultative Group of its progress in accordance with the decision of the Scientific Council. In particular, the Working Group should seek comments from the Members’ Consultative Group and answer all questions.
Once the Working Group has completed its work, it submits it for approval to the Scientific Council. Projects approved by the Scientific Council are submitted to the General Assembly for endorsement.
Active Working Groups
Three Working Groups are currently in operation: a Working Group on the feasibility of a European Private International Law Act, chaired by Thomas Kadner Graziano, a Working Group on International Property Law, chaired by Eva-Marie Kininger, and a Working Group on the Reform of the Brussels Ibis Regulation, chaired by Burkhard Hess and Geert van Calster.
Past Working Groups
The following Working Groups have completed their task and are no longer active: Working Group on the International Protection of Adults, chaired by Pietro Franzina and Cristina González Beilfuss; Working Group on the 2007 Hague Convention and Protocol on Child Support and Maintenance Obligations, chaired by Francesco Pesce.
Future Working Groups
The establishment of other working groups is currently contemplated. Further information will be provided to members through the EAPIL blog and on this page in due course.