Accession of new Member States meaning

In this issue: EU fundamentals Banking and finance Competition and state aid Financial services Free movement, immigration and employment Energy Environment Life sciences TMT Daily and weekly news alerts New and updated content Trackers EU fundamentals Council of the EU opens accession negotiations with Ukraine and Moldova Following its decision of 14–15 December 2023, the Council of the EU has formally commenced accession talks with Ukraine and Moldova. It underlined that both are already close partners of the EU and, as future member states, will be expected to continue upholding the values set out in Article 2 of the Treaty on European Union, including freedom, dignity, equality and the respect for human rights. The EU has now invited the European Commission to evaluate Ukraine’s and Moldova’s preparedness for opening negotiations in accordance with the Negotiating Framework. See: LNB News 26/06/2024 16. European Commission proposes draft annual budget for 2025 ...

Japan offers a transparent, dependable pathway for parties aiming to enforce arbitral awards. Its legislation reflects global best practice, and the courts typically take a pro-arbitration approach when dealing with enforcement. Legal framework for arbitration award enforcement in Japan Applicable laws and Conventions Japan is a member State of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), having acceded on 20 June 1961. This early accession underscores Japan’s enduring arbitration-friendly outlook. That said, Japan declared under Article I(3) that it applies the Convention solely to awards issued in other contracting States, thereby confining its effect to reciprocal recognition and enforcement. The Japan Arbitration Act (JAA) (Act No. 138 of 2003, as amended by Act No. 53 of 2023) governs every arbitration seated in Japan, domestic or international. The JAA incorporates the UNCITRAL Model Law, including the 2006 revisions, keeping Japan’s regime in step with international standards and recent dispute resolution developments, among them provisions connected to the United Nations Convention...

This Practice Note examines Regulation (EU) 1215/2012, Brussels I (recast), and how it operates in relation to recently acceded EU Member States and to non-EU Member States (third states). It additionally addresses the scope of the regulation—namely civil and commercial matters—and explains the implications of that scope, together with the particular subjects excluded from the regulation’s ambit. It further considers the international requirement. The Note therefore clarifies coverage, boundaries, and the cross-border element in detail. Its focus remains strictly on matters governed by the Regulation alone. New EU Member States Where a state joins the European Union, actions can be initiated post-accession even if the underlying legal relationship pre-dates accession. In Pula Parking v Tederahn (2017), the Court of Justice confirmed that Brussels I (recast) governs in those circumstances. There, a parking penalty was imposed in Croatia before its 2013 EU accession, yet enforcement proceedings were started once accession had taken place. For further insight, see News Analysis: In brief: CJEU—Brussels I (recast) and car parking changes (Pula...

This Practice Note delivers practical direction on the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the UK’s trade in goods within it. It therefore explains how goods from fellow Members are treated and outlines the Members’ tariff phase-out commitments. It also addresses commerce in agricultural produce, alongside tariff-rate quotas and how these are managed. Finally, it sets out the rules of origin that apply to most goods (excluding textiles, clothing and motor vehicles). Introduction The CPTPP is a free trade pact comprising eleven economies: Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. It succeeds the original Trans-Pacific Partnership Agreement (TPP), in which the United States also participated as a negotiating party. In effect, the CPTPP adopts all TPP provisions except those on accession, entry into force, withdrawal and what constitutes the authentic texts of the TPP. Several additional states have sought to accede, namely China, Costa Rica, Ecuador, Taiwan and Uruguay. The UK submitted its application on 1 February 2021....