Considerations on COM(2023)65 - Authorisation addressed to France to negotiate a bilateral agreement with Algeria on matters related to judicial cooperation in civil and commercial matters - Main contents
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| dossier | COM(2023)65 - Authorisation addressed to France to negotiate a bilateral agreement with Algeria on matters related to judicial cooperation ... |
|---|---|
| document | COM(2023)65  |
| date | February 7, 2024 |
(2) France provided information showing that it has a specific interest in negotiating a bilateral agreement with Algeria, due to the exceptional economic, cultural, historical, social and political ties between France and Algeria.
(3) In particular, France provided data on the high number of Algerian citizens residing on its territory and French citizens living in Algeria and on the specific importance of commercial exchanges between the two countries.
(4) Relations between the EU and Algeria are based on the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People's Democratic Republic of Algeria, of the other part 10 which entered into force in 2005. This constitutes the legal framework governing relations between the parties in economic, commercial, political, social, and cultural matters.
(5) Article 85 of the Euro-Mediterranean Agreement stipulates that cooperation in the legal and judicial fields is essential and a necessary adjunct to the other forms of cooperation between the EU and Algeria and that such cooperation may include, where appropriate, the negotiation of agreements in these fields.
(6) The EU relationship with third countries in matters related to judicial cooperation in civil and commercial matters relies on the legal framework developed by The Hague Conference on Private International Law, in accordance with the principle of multilateralism. However, Algeria is not a Member of The Hague Conference on Private International Law and has so far refused to accede to its core conventions.
(7) Notwithstanding this, the draft agreement appears to be largely inspired by the system established by the Hague Conventions and by the EU legislation adopted on the same matters.
(8) Most of the matters to be dealt with in the draft agreement between France and Algeria affect the EU acquis. Consequently, the matters covered by such international commitments fall within the Union’s exclusive external competence. Member States may negotiate, or enter into, such commitments only if empowered to do so by the Union in accordance with Article 2(1) of the Treaty on the Functioning of the European Union (TFEU) in conjunction with the substantive legal basis of Article 81(2) TFEU.
(9) Due to the EU competence on most of the matters, France should regularly report to the Commission on the conduct of negotiations. Both France and the Commission will keep the Working Party on Civil Law Matters informed on developments on a regular basis.
(10) There are no indications that the future agreement would necessarily negatively affect the acquis. It is appropriate, however, to provide for directives of negotiation ensuring to minimize the risk of such negative effects.