Christmas is coming, and so the European Commission wants to clear the decks before the holiday break. We notice this before the summer break, too. It announced last week not one, but two, initiatives affecting the work of lawyers.

The first is a consultation on the recognition of public documents (for example, property deeds) and civil status documents (for example, marriage and death certificates). The consultation arises out of the EU’s long-term plans, scheduled for 2013, to allow the free movement of documents by eliminating legalisation formalities between member states, and also for better recognition, so that legal status granted in one member state can be recognised and have the same legal consequences in another. There is no clear definition in the consultation of what public documents will be covered, and how public documents differ from civil status documents, but it appears that civil status is a sub-set of public. The consultation goes on, however, to give examples of public documents such as diplomas or patents; notarial acts such as marriage contracts; civil status records such as birth certificates; plus judicial documents such as court rulings or documents issued by a court.

A number of solutions are proposed, with questions asked of each one. The possible solutions are: the abolition of administrative formalities for the authentication of public documents; greater cooperation between competent national authorities, particularly through electronic means when a cross-border question arises; limiting translations of public documents, to be based in future on standard multilingual forms; and the promotion of a European civil status certificate, to exist side-by-side with the national document. The latter is obviously a radical proposal, but the commission explains why it might be an improvement: 'Over forty different details are given on member states' birth certificates. These details are not given in every country. Such differences cause problems for civil registrars faced with details that are unknown in their legal systems. As a result of these differences, civil registrars often have to request additional information and citizens face additional problems, such as loss of time.'

I would love to know what are the 40 details required on birth certificates around the EU, but could not find them. Nevertheless, there are documents and requirements that exist in one country and not in another. For instance, here in Belgium I sometimes have to produce a certificate showing I am of good conduct, produced by the local commune – essentially declaring that I have no criminal offences – which is a procedure largely unknown in the UK. You have until the 30 April 2011, if you wish to respond to any of the questions in the consultation.

The second initiative from last week was a proposal to abolish the 'exequatur' procedure. If you’re embarrassed to say that you don’t know what 'exequatur' is, here is the explanation: in order to be enforced in another country, a court in that country first has to validate the court decision and declare it enforceable; this is done in a special intermediate judicial procedure that takes place after the judgment has been obtained and before concrete measures of enforcement can be taken. It is carried out more than 10,000 times a year in the EU, and the commission believes it is outdated given the development of the single market and the level of trust between the member states’ legal systems in civil and commercial matters. The commission estimates that the move could save up to €48m a year and facilitate cross-border business, particularly for small and medium-sized firms. It will be undertaken by way of a sweeping reform of the so-called 'Brussels I' Regulation of 2001, a set of EU rules that determine which court has jurisdiction in cross-border cases and how court judgments issued in one EU member state are recognised and enforced in another EU country.

The commission's new proposal will now be sent to the European Parliament and the council to be adopted under the ordinary legislative procedure (co-decision), which puts the parliament and the council on equal footing. Final approval is expected within the next two to three years.

So, the EU-active among you can have a fulfilling Christmas improving the single market. Enjoy yourselves!