Cross-Border Enforcement in Europe: National and International Perspectives

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Author :
Publisher :
ISBN 13 : 9781780687773
Total Pages : 254 pages
Book Rating : 4.6/5 (877 download)

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Book Synopsis Cross-Border Enforcement in Europe: National and International Perspectives by : Vesna Rijavec

Download or read book Cross-Border Enforcement in Europe: National and International Perspectives written by Vesna Rijavec and published by . This book was released on 2020-06-15 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume addresses the enforcement of judgments and other authentic instruments in a European cross-border context, as well as enforcement in a selection of national European jurisdictions.

Cross-Border Law Enforcement

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1136697276
Total Pages : 300 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis Cross-Border Law Enforcement by : Saskia Hufnagel

Download or read book Cross-Border Law Enforcement written by Saskia Hufnagel and published by Taylor & Francis. This book was released on 2012-04-27 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative volume explores issues of law enforcement cooperation across borders from a variety of disciplinary perspectives. In doing so it adopts a comparative framework hitherto unexplored; namely the EU and the Australsian/Asia-Pacific region whose relative geopolitical remoteness from each other decreases with every incremental increase in globalisation. The borders under examination include both macro-level cooperation between nation-states, as well as micro-level cooperation between different Executive agencies within a nation-state. In terms of disciplinary borders the contributions demonstrate the breadth of academic insight that can be brought to bear on this topic. The volume contributes to the wider context for evidence-based policy-making and knowledge-based policing by bringing together leading academics, public policy-makers, legal practitioners and law enforcement officials from Europe, Australia and the Asian-Pacific region, to shed new light on the pressing problems impeding cross-border policing and law enforcement globally and regionally. Problems common to all jurisdictions are discussed and innovative ‘best practice’ solutions and models are considered. The book is structured in four parts: Police cooperation in the EU; in Australia; in the Asia-Pacific Region; and finally it considers issues of jurisdiction and due process/human rights issues, with a focus on regional cooperation strategies for countering human trafficking, organised crime and terrorism. The book will be of interest to both academic and practitioner communities in policing, criminology, international relations, and comparative Asia-Pacific and EU legal studies.

Diversity of Enforcement Titles in the EU

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Author :
Publisher : Springer
ISBN 13 : 9783031471070
Total Pages : 0 pages
Book Rating : 4.4/5 (71 download)

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Book Synopsis Diversity of Enforcement Titles in the EU by : Vesna Rijavec

Download or read book Diversity of Enforcement Titles in the EU written by Vesna Rijavec and published by Springer. This book was released on 2023-12-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects. Divided into five parts, the book offers first some general considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions. This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.

Informed Choices in Cross-border Enforcement

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Author :
Publisher :
ISBN 13 : 9781780689692
Total Pages : 0 pages
Book Rating : 4.6/5 (896 download)

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Book Synopsis Informed Choices in Cross-border Enforcement by : Elena D'Alessandro

Download or read book Informed Choices in Cross-border Enforcement written by Elena D'Alessandro and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to choose the most beneficial enforcement regime for cross-border claims of a client? A question considerably complicated by (1) the existence of various European Union enforcement tools and (2) particularities in the national legal systems that impact on the operation and suitability of the various enforcement tools. This book compares and analyses the practical utility and potential pitfalls of the 2nd generation regulations (European Enforcement Order, European Order for Payment, European Small Claims Procedure and European Account Preservation Order) and their relation to Brussels Ibis. The work is based on an extensive evaluation of case law (published and unpublished), empirical data and literature from eight Member States (Belgium, France, Germany, Italy, Luxembourg, The Netherlands, Poland, Spain) and the Court of Justice of the European Union.

Cross-border Law Enforcement

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Author :
Publisher : Routledge
ISBN 13 : 0415583748
Total Pages : 300 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis Cross-border Law Enforcement by : Saskia Hufnagel

Download or read book Cross-border Law Enforcement written by Saskia Hufnagel and published by Routledge. This book was released on 2012 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores issues of law enforcement cooperation across borders from a variety of disciplinary perspectives. The borders under examination include both macro-level cooperation between nation-states as well as micro-level cooperation between different Executive agencies within a nation-state. The volume brings together leading academics, public policy makers, legal practitioners and law enforcement officials from Europe, Australia and the Asian-Pacific region, to shed new light on the pressing problems impeding cross-border policing and law enforcement globally and regionally. Problems common to all jurisdictions are discussed and innovative 'best practice' solutions and models are considered.

Agents and Structures in Cross-Border Governance

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Author :
Publisher : University of Toronto Press
ISBN 13 : 1487516231
Total Pages : 293 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Agents and Structures in Cross-Border Governance by : Bruno Dupeyron

Download or read book Agents and Structures in Cross-Border Governance written by Bruno Dupeyron and published by University of Toronto Press. This book was released on 2023-11-01 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In North America and Europe, cross-border governance arrangements have provided formal and informal frameworks to support cross-border cooperation. Analysing how these frameworks have emerged, the ways in which they have become institutionalized, and the processes by which they change is fundamental. Moreover, these frameworks are increasingly challenged by border securitization, thus limiting or jeopardizing decades of cross-border cooperative governance and coordinated public policies. Agents and Structures in Cross-Border Governance offers a series of case studies that explore these complex dynamics. To understand a range of cross-border governance frameworks, this collection addresses such topics as infrastructure development and management, resource sharing, regional politics, economics, security, human rights, the environment, culture, and community. The book explains how cross-border governance schemes have sought to mitigate some of the negative consequences of border security policies, allowing readers to discern how concrete national power struggles between federal/national and subnational governments unfold in border areas. In a world increasingly impacted by climate change and more recently the COVID-19 pandemic, Agents and Structures in Cross-Border Governance sheds light on the ongoing complexity of cross-border governance and offers lessons to help mitigate these challenges.

Jurisdiction and Cross-border Collective Redress

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Author :
Publisher :
ISBN 13 : 9781509930326
Total Pages : pages
Book Rating : 4.9/5 (33 download)

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Book Synopsis Jurisdiction and Cross-border Collective Redress by : Alexia Pato

Download or read book Jurisdiction and Cross-border Collective Redress written by Alexia Pato and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general."--Bloomsbury Publishing.

Cross-Border Mergers

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Publisher : Springer Nature
ISBN 13 : 3030227537
Total Pages : 511 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Cross-Border Mergers by : Thomas Papadopoulos

Download or read book Cross-Border Mergers written by Thomas Papadopoulos and published by Springer Nature. This book was released on 2019-09-28 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume focuses on specific, crucially important structural measures that foster corporate change, namely cross-border mergers. Such cross-border transactions play a key role in business reality, economic theory and corporate, financial and capital markets law. Since the adoption of the Cross-border Mergers Directive, these mergers have been regulated by specific legal provisions in EU member states. This book analyzes various aspects of the directive, closely examining this harmonized area of EU company law and critically evaluating cross-border mergers as a method of corporate restructuring in order to gain insights into their fundamental mechanisms. It comprehensively discusses the practicalities of EU harmonization of cross-border mergers, linking it to corporate restructuring in general, while also taking the transposition of the directive into account. Exploring specific angles of the Cross-border Mergers Directive in the light of European and national company law, the book is divided into three sections: the first section focuses on EU and comparative aspects of the Cross-border Mergers Directive, while the second examines the interaction of the directive with other areas of law (capital markets law, competition law, employment law, tax law, civil procedure). Lastly, the third section describes the various member states’ experiences of implementing the Cross-border Mergers Directive.

Cross-border Enforcement of Claims in the EU

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Author :
Publisher : Kluwer Law International
ISBN 13 : 9789041145642
Total Pages : 0 pages
Book Rating : 4.1/5 (456 download)

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Book Synopsis Cross-border Enforcement of Claims in the EU by : Mikael Berglund

Download or read book Cross-border Enforcement of Claims in the EU written by Mikael Berglund and published by Kluwer Law International. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the legal areas of contractual claims and tax claims, various requirements exist in EU law and in applicable conventions for the recognition and enforceability of foreign titles of execution, judgments and decisions. Besides the requirements that a foreign title of execution should fall under its particular scope of application, territorial scope, scope of claims, and scope in time, there are often additional requirements and limitations that give rise to possibilities and restrictions, and play an important role in determining the enforceability or non-enforceability of claims. Consequently, an early analysis related to these provisions is a crucial step in assessing the possibility of success or risk of failure. Also, this book focuses on preventive security arrangements and precautionary measures that offer the creditors the widest possible assurance of obtaining an enforceable cross-border title of execution and recovering claims in the event of non-payment by the debtor - all while adhering closely to such guiding principles as efficiency, legal certainty, predictability, and the establishment of a proper balance between the interests of the claimant and the defendant. The author pays close attention to relevant factors as the following: the debtor's privacy interest, the creditor's efficiency interest, legal principles of non-discrimination, proportionality, territoriality, universality, and mutuality; the legal historical background aimed at facilitating an understanding of the developments resulting in the present legal solutions; the role of regulated enforcement and recovery agents; a foreign State's immunity against civil execution measures; recognition and enforceability of titles of execution; grounds of non-recognition or refusal and other obstacles to enforcement or recovery and interim measures; periods of limitation and the enforcement of a contested claim; appeals, costs, repayment and referral provisions to national laws; access to information for enforcement purposes in the international context; the possible alternative to cross-border enforcement of claims, international insolvency. The analysis considers the provisions of applicable EU law and Conventions in the areas of the enforcement of contractual claims, maintenance claims in family matters, the recovery of tax and social security claims and claims related to criminal matters and on insolvency. Case law of the ECHR and the ECJ is drawn on liberally.

The Brussels I-bis Regulation

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1800370156
Total Pages : 603 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis The Brussels I-bis Regulation by : Vesna Lazic Lazić

Download or read book The Brussels I-bis Regulation written by Vesna Lazic Lazić and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its interpretation and application.

EU Borders and Shifting Internal Security

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Publisher : Springer
ISBN 13 : 3319175602
Total Pages : 244 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis EU Borders and Shifting Internal Security by : Raphael Bossong

Download or read book EU Borders and Shifting Internal Security written by Raphael Bossong and published by Springer. This book was released on 2016-02-19 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume analyzes recent key developments in EU border management. In light of the refugee crises in the Mediterranean and the responses on the part of EU member states, this volume presents an in-depth reflection on European border practices and their political, social and economic consequences. Approaching borders as concepts in flux, the authors identify three main trends: the rise of security technologies such as the EUROSUR system, the continued externalization of EU security governance such as border mission training in third states, and the unfolding dynamics of accountability. The contributions show that internal security cooperation in Europe is far from consolidated, since both political oversight mechanisms and the definition of borders remain in flux. This edited volume makes a timely and interdisciplinary contribution to the ongoing academic and political debate on the future of open borders and legitimate security governance in Europe. It offers a valuable resource for scholars in the fields of international security and migration studies, as well as for practitioners dealing with border management mechanisms.

International Arbitration and Cross-border Insolvency

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Author :
Publisher : Kluwer Law International
ISBN 13 : 9789041154194
Total Pages : 328 pages
Book Rating : 4.1/5 (541 download)

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Book Synopsis International Arbitration and Cross-border Insolvency by : Simon Vorburger

Download or read book International Arbitration and Cross-border Insolvency written by Simon Vorburger and published by Kluwer Law International. This book was released on 2014 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the recent economic downturn, an increasing number of parties to international arbitrations have become subject to insolvency proceedings. The consequences of such intersection of international arbitration and cross-border insolvency are unclear. Transnational inconsistencies and difficulties continue to emerge, and in many ways the debate regarding how to deal with cross-border insolvency questions in arbitration is just beginning.

Diversity of Enforcement Titles in the EU

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Author :
Publisher : Springer Nature
ISBN 13 : 3031471083
Total Pages : 401 pages
Book Rating : 4.0/5 (314 download)

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Book Synopsis Diversity of Enforcement Titles in the EU by : Vesna Rijavec

Download or read book Diversity of Enforcement Titles in the EU written by Vesna Rijavec and published by Springer Nature. This book was released on 2023-12-30 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects. Divided into five parts, the book offers first some general considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions. This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.

The European Service Regulation

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1800884028
Total Pages : 379 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis The European Service Regulation by : Apostolos Anthimos

Download or read book The European Service Regulation written by Apostolos Anthimos and published by Edward Elgar Publishing. This book was released on 2023-06-01 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a systematic article-by-article commentary on the European Service Regulation (recast), and written by renowned experts from several EU Member States, this book gives guidance for the proper understanding and practical operation of cross-border judicial cooperation in civil and commercial matters within the EU.

Borders and Border Regions in Europe

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Author :
Publisher : transcript Verlag
ISBN 13 : 3839424429
Total Pages : 271 pages
Book Rating : 4.8/5 (394 download)

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Book Synopsis Borders and Border Regions in Europe by : Arnaud Lechevalier

Download or read book Borders and Border Regions in Europe written by Arnaud Lechevalier and published by transcript Verlag. This book was released on 2014-04-30 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focussing European borders: The book provides insight into a variety of changes in the nature of borders in Europe and its neighborhood from various disciplinary perspectives. Special attention is paid to the history and contemporary dynamics at Polish and German borders. Of particular interest are the creation of Euroregions, mutual perceptions of Poles and Germans at the border, EU Regional Policy, media debates on the extension of the Schengen area. Analysis of cross-border mobility between Abkhazia and Georgia or the impact of Israel's »Security Fence« to Palestine on society complement the focus on Europe with a wider view.

Cross-Border Financial Surveillance

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Author :
Publisher : International Monetary Fund
ISBN 13 : 1455200646
Total Pages : 29 pages
Book Rating : 4.4/5 (552 download)

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Book Synopsis Cross-Border Financial Surveillance by : Marco A Espinosa-Vega

Download or read book Cross-Border Financial Surveillance written by Marco A Espinosa-Vega and published by International Monetary Fund. This book was released on 2010-04-01 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Effective cross-border financial surveillance requires the monitoring of direct and indirect systemic linkages. This paper illustrates how network analysis could make a significant contribution in this regard by simulating different credit and funding shocks to the banking systems of a number of selected countries. After that, we show that the inclusion of risk transfers could modify the risk profile of entire financial systems, and thus an enriched simulation algorithm able to account for risk transfers is proposed. Finally, we discuss how some of the limitations of our simulations are a reflection of existing information and data gaps, and thus view these shortcomings as a call to improve the collection and analysis of data on cross-border financial exposures.

Cross-Border Bank Resolution - Recent Developments

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Author :
Publisher : International Monetary Fund
ISBN 13 : 1498343287
Total Pages : 41 pages
Book Rating : 4.4/5 (983 download)

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Book Synopsis Cross-Border Bank Resolution - Recent Developments by : International Monetary Fund

Download or read book Cross-Border Bank Resolution - Recent Developments written by International Monetary Fund and published by International Monetary Fund. This book was released on 2014-02-06 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developing an effective framework for cross-border resolution is a key priority in international regulatory reform. Large bank failures during the global financial crisis brought home the lack of adequate tools for resolving “too-big-to-fail” institutions. In cross-border cases, misaligned incentives and lack of robust mechanisms for resolution and cross-border cooperation left some country authorities with little choice but to take unilateral actions, which contributed to the high fiscal costs of the crisis and resulted in disorderly resolution in some cases