European Rules of Civil Procedure I & II (Wednesday, 4 September 2019)

This flagship ELI-UNIDROIT (International Institute for the Unification of Private Law) project that aims at developing European rules of civil procedure entered its final stage. The Team produced the Consolidated Draft, which includes Rules and Comments, and will be presenting its work with a hope of receiving feedback at the ELI Annual Conference in Vienna. Two panels will be devoted to this project and the focus will be on some of the most critical parts of its output, namely ‘Case Management and Pleadings’, ‘Evidence’, ‘Collective Redress’ and ‘Appeals’. With the participation of representatives of all the project’s Working Groups as well as external experts, it is hoped that the discussions at these panels will help the Team to fine-tune the output before it is put to the vote by ELI bodies in February 2020.

Principles for a Data Economy (Wednesday, 4 September 2019)

With the rise of an economy in which data is a tradeable asset globally, more certainty is needed with regard to the legal rules that are applicable to the transactions in which data is an asset. Critical questions arise such as who has which right with regard to the data generated by connected devices? They need to be answered urgently, as lack of clarity in this field potentially hinders innovation and growth and, more importantly, troubles consumers, data-driven industries, and start-ups. To address this problem, the American Law Institute (ALI) and ELI decided to produce a set of transnational principles for a data economy. The effect of their work will be presented by members of the Project Team during a panel on Principles for a Data Economy at the ELI Annual Conference 2019 in a form of a thoroughly revised Preliminary Draft No 3, with reactions from experts in the field.

Artificial Intelligence and EU Administration (Wednesday, 4 September 2019)

AI and algorithms more generally are transforming governments and institutions. Transparency, non-discrimination, accountability are some of the characteristics to build a trustworthy AI in Europe. However, administrations face more specific challenges in this regard. The panel and proposed ELI project aim at developing model rules that could be applied in the context of the use of algorithms and artificial intelligence by EU and Member State administrations.

The Protection of Adults in International Situations (Thursday, 5 September 2019)

The increasing mobility of adults who are unable to protect their interests because of an impairment or insufficiency of their personal faculties has become an international concern. The difficulties arising out of the diversity of legal systems and the limited number of contracting parties to the Hague Convention of 13 January 2000 on the International Protection of Adults are among the reasons why the ELI embarked on such a project.

 

The project builds on the Resolution whereby the European Parliament requested the Commission to present a legislative proposal on the matter, and aims at determining concrete measures that the EU could adopt to enhance the operation of the Convention. The panel will discuss the proposals elaborated by the expert group in light of the most recent developments, including the decision by the Council on General Affairs and Policy of the Hague Conference on Private International Law to convene a Special Commission to discuss the practical difficulties of the Hague Convention of 2000 and promote its ratification.

R&D Tax Incentives (Thursday, 5 September 2019)

Research and Development (R&D) is one of the areas of particular interest for the EU. There are various methods of incentivising enterprises active in the field of R&D, ie through tax incentives. The R&D tax incentives that are currently in place are not harmonised within Europe. The European Commission proposed a Common Consolidated Corporate Tax Base (CCCTB), including a super deduction for qualifying tax expenses, with the aim of providing a common corporate tax base for EU Member States. Even if the future of the CCCTB is uncertain, it remains fundamental to establish a common definition of R&D in the tax field. EU super deduction and its possible relation with national tax incentives was widely debated, with the issue of the definition of qualifying R&D expenses eligible for super deduction at its centre. Following the approval by the ELI Council of this ELI project in November 2017, the Team is now ready to present its Statement, which provides for a general framework detailing what could be eligible for R&D tax incentives.

Model Rules on Online Intermediary Platforms I & II (Thursday, 5 September 2019)

The project on Draft Model Rules on Online Platforms is entering its final stage. This project aims at ensuring better protection of consumers and other platform users by providing clear solutions with regard to online platforms. The latter increasingly shape our economy as the number of platforms as well as their users is rapidly rising. The few provisions on platforms in the forthcoming new EU legislation can only be a first step. The next Commission will have to broaden and deepen the regulation of the platforms-based economy. Two sessions will present the rules elaborated by the Project Team and discuss them with the membership and stakeholders in advance of a vote on the project by ELI members.

Blockchain Technology and Smart Contracts (Thursday, 5 September 2019)

Blockchains are technologies for storing and transmitting data, allowing the constitution of replicated and distributed ledgers, without a central monitoring body, secured by cryptography, and structured by blocks linked to each other, at regular intervals of time. Smart contracts are auto enforceable code, running on top of a blockchain. Both technologies are profoundly changing many areas of private law transactions. Whether the current system of private law can readily cope with these novel forms of ‘self-executing’ agreements, or whether new solutions are required, are fundamental questions, which the ELI project on Blockchain Technology and Smart Contracts, as well as this panel, will try to answer.

Common Constitutional Traditions in Europe (Thursday, 5 September 2019)

First used by the Court of Justice of the European Union (CJEU) in the judgment on the Internationale Handelsgesellschaft case and currently included in Article 6 of the Treaty on European Union, the term ‘constitutional traditions common to the Member States’ gets more and more attention. Reflection on what are the common constitutional traditions in Europe has never been more urgent than now. With various challenges we are facing in Europe, be it with regard to the rule of law, but also when it comes to ensuring effective access to justice and protection of fundamental rights, just to name but a few, it is essential to analyse what these values and traditions are and whether we have similar understanding of their content. This panel will aim at discussing those issues and presenting the developments in the Common Constitutional Traditions in Europe project.

Business and Financial Law SIG Panel (Friday, 6 September 2019)

The panel will provide analyses and evidence related to the ELI Business and Financial Law SIG’s project idea on corporate sustainability and company law from a variety of legal, economic and accounting perspectives. The draft focuses on the relation between corporate sustainability, extant company law on limited liability, and the regulations governing company capital maintenance and related company disclosures (including for general purpose financial statements) within the European Union.

Intellectual Property Law SIG Panel (Friday, 6 September 2019)

Remedies,  such  as  injunctions,  damages,  or  claims for  information,  are  increasingly  of  relevance  in  the policy debates in the intellectual property law. Intellectual property rights are believed to incentivise the creation and dissemination of new technical solutions and help to disclose their workings to the public in exchange  for  limited exclusivity. 

 

Many  books  and  articles  have  been  written about  different  aspects  of the intellectual property system. Surprisingly, however, despite its high practical relevance, the issue of drafting, granting and enforcing remedies remains less clear in comparative legal literature. This is in stark contrast  with  their  policy  relevance. The panel will aim at discussing remedies as they  are  increasingly  becoming  important  policy  levers when adjusting the intellectual property system to quickly changing industries and business practices. 

Italian Hub Panel (Friday, 6 September 2019)

The panel will focus on the impact of new technologies on legal categories such as liability rules and contracts. It will adopt insurance law as a case study, focusing on motor liability insurance and the use of black boxes, parametric insurance, big data analytics and information asymmetries, as well as the effects and intersections on the distribution system.

Digital Law SIG Panel (Friday, 6 September 2019)

The rapid pace of technological innovation has a disruptive impact on the market for legal services. Legal Tech startups promise to offer easy and automated access to justice and challenge traditional providers of legal services. Legal text analytics powered by artificial intelligence and data-driven prediction of court decisions have the potential of changing the way our legal system works. The panel brings together leading experts from law and computer science and offers an overview of innovative research projects in the field.

Family and Succession Law SIG Panel (Friday, 6 September 2019)

The panel aims at highlighting the current issues of EU Family and Succession law. In both areas EU regulations and national substantive laws closely intertwine and influence each other. The panel will focus on the new perspectives of international family law as well as on the impact of the EU Regulation (No 650/2012) on succession law.