Traduction de «Compétence judiciaire exclusive de l'Etat tiers » (Français → Anglais) :

(5) The Court of Justice of the European Communities confirmed in its Opinion 1/03 of 7 February 2006 relating to the conclusion of the new Lugano Convention that the Community has acquired exclusive competence to conclude an international agreement such as the Lugano Convention with third countries on matters affecting the rules in Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the ...[+++]recognition and enforcement of judgments in civil and commercial matters1 ("Brussels I") .

The Council requested for an opinion of the Court of Justice on the question whether the conclusion of the new "Lugano Convention on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters" falls entirely within the sphere of exclusive competence of the Community or within the sphere of shared competence of the Community and the Member States.

The common position is based on the principles of unity and universality, which require the administrative or judicial authorities of the home Member State to have sole jurisdiction and their decisions to be recognised and to be capable of producing in all the other Member States, without any formality, the effects ascribed to them by the law of the home Member State, except where the Directive provides otherwise.

The proposed directive is based on the principles of unity and universality, which require that the administrative authorities or courts of the home Member State have sole jurisdiction and that their decisions are recognised and produce the effects ascribed to them by the law of the home State in all the other Member States, without formality, except where the Directive provides otherwise.

The Protocol adopted on 12 September 1997 under the auspices of the International Atomic Energy Agency to the Vienna Convention includes provisions on jurisdiction and on the recognition and enforcement of judgments, which affect provisions contained in EU law, in particular the Brussels I Regulation. The Union therefore has exclusive competence over those provisions in the Protocol and the Member States cannot become contracting parties to the Protocol as far as those provisions are concerned.

More specifically, the joint position contains provisions on: the recognition of refugee status; the principle of individual determination of refugee status; establishing the evidence for granting refugee status; the concept of persecution and its origins (persecution by the State: legal, administrative and police measures, prosecution; persecution by third parties); civil war and other internal or generalized armed conflicts; grounds of persecution (race, religion, nationality, political opinions, social group); relocation within the country of origin; refugees "sur place"; conscientious objection, absence without leave and des ...[+++]ertion; the cessation of refugee status and clauses excluding persons from protection under the Geneva Convention.