When Tuesday 14 May 2011
The European Parliament has encountered a growing number of problems from European citizens who have purchased property across member state borders.
The failure to protect property rights across the European Union has consequences for the internal market, legal affairs and the fundamental right to property.
Using the experiences of academics, practitioners and citizens affected by flaws in the protection of property rights, the seminar will address the current state of affairs, and look at some practical steps, which might form the basis for future European solutions.
Anouncement in ALDE.EU
European Property Rights and Wrongs; the role of the EU in protecting the right to property DRAFT
ALDE seminar hosted by Diana Wallis MEP Vice President of the European Parliament and Ramon Tremosa MEP
Introduction by Diana Wallis MEP ALDE:
Citizens of the EU have embraced the freedoms to move and settle and own property in other countries, enriching economies and cultures, has the EU supported this freedom with protection ? How can we work together to ensure citizens are informed and protected in purchasing property, embracing the opportunities of a true EU citizen and bringing closer ties between all EU nations ?
There are high profile cases which highlight some of the pitfalls that can be encountered when purchasing property cross-border, our intention is place these cases in the wider context of the aims of the EU market and economy and goals for legal and consumer regulation.
• We will hear from a citizens’ pressure group formed following issues with regional governments in Spain
• We will review the current mixture of codes and protections that already exist
• We will imagine what a true EU property law might look like
• We will consider the aspect of Human Rights legislation,
• We will hear from practitioners who have encountered conflicts of laws situations and reflected on cultural expectations of legal processes
• The European Land Registry project will give us hope for tangible gains in co-operation across jurisdictions presenting an update on their work and aims
Ramon Tremosa i Balcells MEP ALDE
Mr Tremosa will discuss his role as an MEP from a region which has been involved in some high profile property rights problems. He will outline some of the common problems, as well as his efforts to seek action in the European Parliament, on behalf of citizens and residents of his region.
Speaker from Action Group
Will outline the type of cases that can be listed according to type, permits and regional red-tape, retrospective legislation changes, inaccurate or negligent professional advice, misunderstanding of legal environment, lack of access to information etc – putting the problem in a human context and also looking at the interactions to date with EU institutions
Dr B Akkermans and Prof S Van Erp Maastricht University
Will review the landscape of EU law and how it impacts on a purchaser:
Consumer protection, timeshare, mortgages, estates and succession, Conflict of laws, relevant human rights angle, full review of current picture
Prof P Sparkes Southampton University
Will look towards a European Land Law, is it necessary, is it desirable, is it possible ? Where are we at now and how did we get here ?
Building on the best transactional models, how to lead this project to promote excellence in professional standards.
Andrew Walker QC Maitland Chambers
Will reflect on cases he has encountered where the cultural dimension has been as relevant as the purely legal. He will consider the need for procedural certainty and greater access to reliable information and how the EU may assist with this.
Alonso Landeta Secretary General ELRA
Will discuss the ELRA project, it’s ambition and impact and how this model could become a catalyst for change in transactions.
Will speak from experience of cross-border issues and illustrate with examples some of the practical difficulties and how the EU could move to impact on these.
Diana Wallis MEP ALDE Vice President of the European Parliament