The Workshop Civil Justice in the European Union: application of the European instruments of private international law in Spain was held the 26^th of March 2015 at Complutense University of Madrid, Faculty of Law.

Each round table was moderated by a university expert in private international law from two different universities in Madrid (UCM and UAM).

The seminar debated on the following issues:

First round table: family issues and maintenance

• High number of cases brought before the Spanish courts with an international law factor, in particular, concerning the economically most deprived
• General unfamiliarity with European law and the case law of the Court of Justice of the European Union (CJUE) of all the actors involved (judges, lawyers and parties) which leads to the application of national law. More efforts in education must be done. Nevertheless, an improvement has been noticed in that sense.
• Differences in interpretation of minors´guard and custody (Spanish law) and determination of transfers´illegality
• Difficulties when it comes to prove the parties´ habitual residence in a lawsuit
• Time dilatation (two to three months) of a judicial process at international level  (judicial proceedings in another member State)
• Increase in cost and problems to prove the content and rules in force of foreign law

Second round table: contractual obligations

• Advances in education are to be done. The application of private internatonal law instruments is still defective but an improvement has been noticed in recent times
• Small number of judicial consultations on European law brought before the Spanish Judicial Network of International Judicial Cooperation (REJUE)
• The publication of national legislation support in relation with European regulations (Brussels I project) is desirable
• In a judicial process, jurisdiction and applicable law are often imposed by the strong party
• Problems concerning cross-border notifications: very short deadlines in Spain. A procedural harmonization is needed
• High cost for the parties and problems to prove foreign law in a cross-border judicial process. As a consequence, foreign law application is disregarded
• Small number of judicial requests for recognition and enforcement of foreign court judgments from UE member States  in Spain
• Preference for arbitration to resolve cross-border disputes between parties due to the benefits that brings, among others, the New York Convention

Third round table: extracontractual obligations

• Lack of a judicial code of ethics in Spain similar to other existing codes in Europe 
• Recent improvements in continuing education for judges on European law, which is still insufficient
• In practice, lack of application of the European legal instruments of Private International law.
• Limitation for Spanish judges to intervene in the proof of foreign law. According to Spanish law, the burden of proof is placed on the parties almost exclusively
• Difficulties proving foreign law; application of national law instead
• Certain legal assumptions are not easy to qualify as contractual or extra contractual
• Problems concerning the law applicable to personal data protection issues when the holders of private files have changed their domicile

Composition of the audience:

The seminar was attended by participants with different institutional affiliation. The following graph depictures the composition of the audience according to their academic or professional occupation:

 

Relevant questions posed by the attendees:

• Which is the difference between guard and custody of a child and parental responsibility? (Lawyer)
• ¿Should not the European Union think on how to solve the problem of the proof of foreign law? (University expert)
• From the point of view of a judge, ¿how can be facilitated the proof of foreign law for lawyers in Spain?  (Lawyer)

 

Publicity concerning the workshop:

The seminar was of particular interest to 125 people that asked for information on its content and participation. Eventually, 122 individuals applied for registration and 88 attended the workshop.

The seminar was widely disseminated by means of the following institutions:

• Complutense University of Madrid (web site and advertising)
• Autonomous University of Madrid
• Spanish Ministry of Justice
• Madrid Bar Association
• European Association of Family Lawyers (AEAF)
• Spanish Association of Family Lawyers (AEAFA)
• Spanish Judicial Network on International Cooperation (REJUE)
• Conflictus Legum. Blog on Private International Law

 

 

Picture credits: Seminar Civil Justice in the UE at Complutense University of Madrid (by Samia Benaissa Pedriza).