Strategic Lawering Paris Lyon Bruxelles

Articles from Jean-Luc Soulier

Published at 27 February 2019
Category : EU Law
E-newsletter: February 2019
In a previous article entitled “Brexit: Troubled negotiations failed. What next?”, I mentioned the forthcoming adoption of several Ordinances in furtherance of the so-called Enabling Law of January 19, 2019 that authorized the French Government “to take measures by way of Ordinances to prepare for the United Kingdom's withdrawal from the European Union”. Since then, six Ordinances were signed between January 23 and February 13, 2019 which underline the urgency and the dangers of a no-deal Brexit, the consequences of which have not be sufficiently anticipated upstream. The fast-track procedure launched by the French Government even before the vote of the British Parliament that rejected the withdrawal agreement negotiated between the United Kingdom and the European Union made it possible to adopt within an extremely short timeframe these first Ordinances intended to address the consequences of a no-deal Brexit.
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Published at 30 January 2019
Category : EU Law
E-newsletter: January 2019
We are only two months ahead of the expiry of the two-year timeframe provided for by Article 50 of the Treaty on the European Union that will entail the automatic exit of the United Kingdom from the European Union, unless if this timeframe is extended or if an agreement on a transition period is reached. Following the UK Parliament’s rejection of the withdrawal agreement concluded in Brussels on November 25, 2018, a no-deal Brexit seems less and less avoidable. In a Law dated January 19, 2019 and published in the Official Journal on January 20, 2019, the French Parliament has just authorized the Government “to take measures by way of Ordinances to prepare for the United Kingdom's withdrawal from the European Union.”
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Published at 27 April 2017
Category : EU Law
E-newsletter: April 2017
The United Kingdom is the first Member of the European Union that used the withdrawal option provided for under Article 50 that was introduced in the Treaty on European Union by the Lisbon Treaty. This unexpected withdrawal raises major challenges that no one seems to have actually anticipated.
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Published at 30 January 2017
Category : Contracts
E-newsletter: January 2017
Much has already been written about the reform of French contract law that became effective on October 1, 2016. Some legal writers complained that concepts that were specific and clearly defined by case-law have been replaced by vague and uncertain notions. To characterize the inspiration of these new provisions, a legal writer has used the term “tempered socialism”. Several hundred articles have been completely redrafted following a window dressing public consultation process. Have the remains of the former Napoleonic Code been the victim of the spirit of the times?
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Published at 24 February 2016
Category : Editorial
E-newsletter: February 2016
Ordinance of February 10, 2016 for the reform of French contract law that will become effective on October 1, 2016 introduces in the French Civil Code a number of new principles that are expected to significantly change the role of the judge in the resolution of disputes between contracting parties. Particular attention should be given to the public policy character of the parties’ obligation to negotiate and perform the contract in good faith, the parties’ duty to provide information upon conclusion of the contract – a duty that they may neither restrict nor exclude – and the doctrine of imprévision (unforeseeability) that empowers the judge to revise or terminate a contract wherever an unforeseeable change of circumstances renders the performance of the contract excessively onerous for a party.
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Published at 30 November 2015
Category : Editorial
E-newsletter: November 2015
We were deeply moved by the many messages we received from all over the world in the hours that followed the terrible attacks that took place in Paris on November 13. All of these messages expressed a feeling of unity, beyond cultural differences. And this is precisely what differentiates us from the barbarians who perpetrated these attacks and from their sponsors: Culture.
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Published at 26 June 2015
Category : Dispute Resolution
E-newsletter: June 2015
My participation in a panel on the rules of evidence during a meeting of the International Association of Defense Counsel (IADC) in Lisbon made me realize once again the substantial cultural gaps between Common law countries and Civil law countries. Just like planets are not to meet each other, these gaps occur along several axes: the role of the parties, the role of the judge and the means legally admissible for the collection and production of evidence.
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Published at 01 May 2014
Category : Corporate Law
E-newsletter: March 2014, May 2014
Pursuant to a Law dated December 28, 1966, still in effect today, “financial dealings between France and foreign countries are unrestricted”. This freedom is exercised in conditions set by the Government that may, “to ensure the defense of national interests and by way of decrees adopted on the basis of a report of the Minister of Economy”, subject foreign exchange transactions, French assets held abroad, and inward foreign investments to a declaration, prior authorization or control procedure.
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Published at 01 November 2013
E-newsletter: November 2013
Order of August 5, 2013 (the “Order”) on the implementation of the public participation process defined in Article 7 of the Charter for the Environment, adopted in application of the Law of September 27, 2012 (the “Law”) and that entered into forced on September 1, 2013, imposes on public authorities the obligation to consult the public before making any decision likely to have an impact on the environment.
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Published at 01 April 2013
E-newsletter: April 2013
The publication in the Official Journal of the Law dated April 16, 2013 on the independence of expertise in health and environmental matters and on the protection of lanceurs d’alerte (the “Law”) went almost unnoticed in the maelstrom of irrational violence that dominated the world headlines in the past few weeks.
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