Competences of the EU and the Relationship between the Regulation on Evidence Taking and Hague conventions

• Authors: SEHNÁLEK David
• Year of publication: 2015
• MU Faculty or unit: Faculty of Law
• Description: The EU itself is not a party to the Hague Convention on Evidence Taking and this is so for two reasons. It is because of the fact that at the time when the Convention was negotiated the EEC lacked the power to regulate aspects of private international law. Furthermore, based on the Hague Convention itself, an international organisation such as the EEC could not be among the contracting parties. However, situation has changed significantly since then. The EU acquired new competences especially in the area of IPL. Obviously, this internal shift of competence has had an effect on the EU’s relationships to third countries and international organisations. As a result, the EU was ultimately able to become a member of the Hague Conference. The parallel membership of the European Union and Member States in the Hague Conference also brought about an adverse consequence for third countries in terms of uncertainty as to the actual scope of the existing competences of the EU entrusted to it by the Member States in the area of private international law. From this point of view it is important to define the boundaries of competence in terms of both practical implementation of the treaties negotiated at the Conference as well as potential liability for their breach under international law. It is important for third countries to know who will implement a treaty and against whom they should exercise any claims based on potential liability for its breach. To find the answers was the main goal of the presentation.