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Enforcement Of Judgments In Europe
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Book Synopsis Enforcement of Judgments in Europe by : Wendy A. Kennett
Download or read book Enforcement of Judgments in Europe written by Wendy A. Kennett and published by Oxford University Press, USA. This book was released on 2000 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of a European Judicial Area has gathered force since the negotiation of the Amsterdam Treaty amending the TEU and conferring competence on the European Community in relation to measures of 'judicial cooperation'. One of the areas targeted for rapid attention is improvement in therecognition and enforcement of civil judgments in Europe - with plans for the mutual recognition of judgments.This book (i) explains the significance of the fact that judicial cooperation now falls within the EC Treaty; (ii) sets out the background of measures and proposals which will form the basis for further work by the European Commission in developing legislative proposals; (iii) compares theenforcement frameworks of selected national laws (England, Germany, France, Sweden, Spain); (iv) examines in detail the existing position in relation to key enforcement issues (obtaining information about a debtor's assets, provisional and protective measures, service of documents, exequatur,transfrontier garnishee orders and the transfrontier enforcement of injunctions) under the selected national laws and European/international instruments; and (v) assesses the scope for improvements in collaboration between Member States and the obstacles that may impede harmonisation. The book willprovide an invaluable source of reference for practitioners and policy-makers, and will also be of assistance as a starting point for those who want to engage in further comparative research on the topics covered.
Book Synopsis EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters by : Jannet A. Pontier
Download or read book EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters written by Jannet A. Pontier and published by T.M.C. Asser Press. This book was released on 2004-08-12 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present book offers the reader insight into how the Court of Justice of the European Communities justifies its interpretations of the European legal rules on international jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Our examination of the more than one hundred decisions which the Court has delivered under the 1968 Brussels Convention shows that the Court uses the principles, which in its opinion underlie the explicit rules, as reasons to justify its decisions. These principles are described in the book and it is shown how they relate to each other. The system of principles that has been identified in this study forms an important part of the Brussels Convention’s legacy for the new Regulation No. 44/2001, which replaced the Convention on March 1, 2002. It constitutes a catalogue of arguments that will be employed by the Court to justify its interpretation of the provisions of the new regulation. As such, this book will be of great value to practitioners in international law as well as to academics and students alike. Jannet A. Pontier (Ph.D.) Edwige Burg (Ph.D.) Professor of Law Lecturer and researcher Department of Private International Law Department of Private International Law Senior Research Associate at the Research Associate at the Amsterdam Institute for Private Law Amsterdam Institute for Private Law University of Amsterdam University of Amsterdam Amsterdam, The Netherlands, January 2004 VII TABLE OF CONTENTS
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.
Book Synopsis Procedures to Enforce Foreign Judgments by : Paul J. Omar
Download or read book Procedures to Enforce Foreign Judgments written by Paul J. Omar and published by Routledge. This book was released on 2017-11-22 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2002: Within Europe and beyond, foreign judgement enforcement is now an essential component for the development of international commerce. This indispensable volume traces and analyzes steps and procedures for the enforcement of foreign judgements in national courts, including summarizing the principles which are the preconditions for that enforcement.
Book Synopsis Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial by : Monique Hazelhorst
Download or read book Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial written by Monique Hazelhorst and published by Springer. This book was released on 2017-02-27 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the attainment of complete free movement of civil judgments across EU member states from the perspective of its conformity with the fundamental right to a fair trial. In the integrated legal order of the European Union, it is essential that litigants can rely on a judgment no matter where in the EU it was delivered. Effective mechanisms for cross-border recognition and the enforcement of judgments provide both debtors and creditors with the security that their rights, including their right to a fair trial, will be protected. In recent years the attainment of complete free movement of civil judgments, through simplification or abolition of these mechanisms, has become a priority for the European legislator. The text uniquely combines a thorough discussion of EU legislation with an in-depth and critical examination of its interplay with fundamental rights. It contains an over-view and comparison of both ECtHR and CJEU case law on the right to a fair trial, and provides a great number of specific recommendations for current and future legislation. With its critical discussion of EU Regulations from both a practical and a theoretical standpoint, this book is particularly relevant to legislators and policymakers working in this field. Because of the extensive overview of the functioning of the EU’s mechanisms and of relevant case law it provides, the book is also highly relevant to academics and practitioners. Monique Hazelhorst is Judicial Assistant at the Supreme Court of the Netherlands. She studied Law and Legal Research at Utrecht University and holds a Ph.D. in Law from the Erasmus School of Law at Erasmus University Rotterdam.
Book Synopsis EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters by : Jannet A. Pontier
Download or read book EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters written by Jannet A. Pontier and published by T.M.C. Asser Press. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For international lawyers, the European rules on jurisdiction and recognition and enforcement of judgments in civil and commercial matters are of great practical importance. Since March 2002, these rules have been laid down in an EU Regulation (44/2001) which essentially replaced the 1968 Brussels Convention. The preliminary considerations to the Regulation imply that the decisions in which the Court of Justice of the EC has interpreted the Brussels Convention remain relevant for the interpretation of the Regulation. Hence, in order to have a thorough understanding of the Regulation, an in-depth knowledge of the EC Court’s case law regarding the Brussels Convention is imperative. The present study is based on an analysis of more than one hundred decisions that the Court has delivered under the Brussels Convention. It appears that the significance of the Court’s case law lies not only in the final outcome of these decisions, but also in the principles that the Court consistently refers to in arriving at its decisions. The authors piece together the system of principles that has become apparent in the Court’s reasoning. An understanding of this system not only sheds light on how and why the Court has reached its past decisions, but it also enables lawyers to understand the confines within which the Court’s argumentation is likely to take place in future cases under the Regulation. A publication which focuses on the principles used by the Court to justify its decisions in this particular area of law, has been lacking. This book aims to fill that gap. Its value extends beyond the academic realm and into the field of legal practice.
Book Synopsis EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters by : Jannet A. Pontier
Download or read book EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters written by Jannet A. Pontier and published by T.M.C. Asser Press. This book was released on 2011-01-18 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present book offers the reader insight into how the Court of Justice of the European Communities justifies its interpretations of the European legal rules on international jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Our examination of the more than one hundred decisions which the Court has delivered under the 1968 Brussels Convention shows that the Court uses the principles, which in its opinion underlie the explicit rules, as reasons to justify its decisions. These principles are described in the book and it is shown how they relate to each other. The system of principles that has been identified in this study forms an important part of the Brussels Convention’s legacy for the new Regulation No. 44/2001, which replaced the Convention on March 1, 2002. It constitutes a catalogue of arguments that will be employed by the Court to justify its interpretation of the provisions of the new regulation. As such, this book will be of great value to practitioners in international law as well as to academics and students alike. Jannet A. Pontier (Ph.D.) Edwige Burg (Ph.D.) Professor of Law Lecturer and researcher Department of Private International Law Department of Private International Law Senior Research Associate at the Research Associate at the Amsterdam Institute for Private Law Amsterdam Institute for Private Law University of Amsterdam University of Amsterdam Amsterdam, The Netherlands, January 2004 VII TABLE OF CONTENTS
Book Synopsis The Enforcement of EU Law and Values by : András Jakab
Download or read book The Enforcement of EU Law and Values written by András Jakab and published by Oxford University Press. This book was released on 2017-04-07 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.
Book Synopsis Cross-border Enforcement of Debts in the European Union, Default Judgments, Summary Judgments and Orders for Payment by : Carla Crifò
Download or read book Cross-border Enforcement of Debts in the European Union, Default Judgments, Summary Judgments and Orders for Payment written by Carla Crifò and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jacket.
Book Synopsis Great Judgments of the European Court of Justice by : William Phelan
Download or read book Great Judgments of the European Court of Justice written by William Phelan and published by Cambridge University Press. This book was released on 2019-06-13 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a new approach to prominent judgments of the European Court of Justice drawing on the writings of Judge Robert Lecourt.
Book Synopsis Remedies Concerning Enforcement of Foreign Judgements by : Vesna Rijavec
Download or read book Remedies Concerning Enforcement of Foreign Judgements written by Vesna Rijavec and published by Kluwer Law International B.V.. This book was released on 2018-09-14 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brussels I Recast (Regulation No 1215/2012 on the recognition and enforcement of judgments in civil and commercial matters) is intended to simplify and expedite cross-border enforcement of debts. However, some existing issues remain unresolved, and new ones have already been identi?ed since the Regulation entered into force in 2015. This collection of expert essays, the ?rst book to focus systematically and comprehensively on the area of remedies in the light of Brussels I Recast, offers detailed analyses of inherent problems and includes practical hypothetical cases illustrating major issues and how they may be resolved. The aspects covered by the contributors – all well-known academics, lawyers, and judges from different EU Member States – include the following: – grounds for refusal of recognition and enforcement; – certi?cation of enforceability and timely service of the certi?cate; – adaptation of enforcement measures that are determined in the judgment but are not known in the Member State of enforcement; – effect of requesting a translation of the judgment; – ?nancial implications of remedies; and – provisional measures and their role in a timely protection of rights. Because the success of Brussels I Recast depends on a very unpredictable implementation into national systems, the extent to which national barriers represent obstacles to fair and ef?cient judicial protection is thoroughly examined. A very useful concluding chapter presents practical cases highlighting the most important, as well as problematic, issues concerning enforcement of foreign judgments. The in-depth analyses conducted by the contributors clearly de?ne serious obstacles and propose solutions that will lead to better implementation of Brussels I Recast, better protection of party's rights, and further harmonisation in this ?eld of civil justice. This book is sure to be of exceptional value to counsel for multinational enterprises, EU and Member State legislators, enforcement agencies, and academics worldwide.
Book Synopsis Stone on Private International Law in the European Union by : Peter Stone
Download or read book Stone on Private International Law in the European Union written by Peter Stone and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 1010 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within Europe the private international law rules have been harmonized to a very large extent by legislation adopted at EU level and case-law on the interpretation of this legislation. Recent developments include the entry into operation of revised versions of the Brussels I Regulation on civil jurisdiction and judgments and the Regulation on insolvency proceedings, as well as numerous decisions of the European Court and the English courts. The new edition of this authoritative work takes account of recent developments at both EU and UK levels.
Book Synopsis Brussels I Regulation by : Ulrich Magnus
Download or read book Brussels I Regulation written by Ulrich Magnus and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: This commentary is the first full scale article-by-article commentary in English ever to address the Brussels I Regulation. It is truly European in nature and style. It provides thorough and succinct indepth analysis of every single article and offers most valuable guidance for lawyers, judges and academics throughout Europe. It is an indispensable working tool for all practitioners involved in this field of law. The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Its imminence could be easily ascertained by every practitioner even remotely concerned with cross-border work in Europe. However arcane private international law in general might appear to practitioners – the Brussels I Regulation is a well-known and renowned instrument. A true first: - The first truly European commentary on the Brussels I Regulation, the fundamental Act for jurisdiction, recognition and enforcement throughout Europe - The first commentary on the Brussels I Regulation written by a team from all over Europe - The first article-by-article commentary on the Brussels I Regulation in English
Book Synopsis The Execution of Judgments of the European Court of Human Rights by : Elisabeth Lambert-Abdelgawad
Download or read book The Execution of Judgments of the European Court of Human Rights written by Elisabeth Lambert-Abdelgawad and published by Council of Europe. This book was released on 2008-01-01 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important provision of the European Convention on Human Rights is that in the event of a violation being found, not only is the state in question required to redress the consequences of the violation vis-á-vis the applicant - by such means as reopening of proceedings at the origin of the violation, reversal of a judicial verdict, discontinuation of expulsion proceedings or, where necessary, payment of a monetary award to the applicant; but it must also take general measures to prevent the repetition of the violation. These latter measures may take the form, for example, of a change in legislation, recognition of the Court's judgment in national case-law, the appointment of extra judges or magistrates to absorb a backlog of cases, the construction of detention centres suitable for juvenile delinquents, the introduction of training for the police, or other similar steps. This second edition continues to examine both individual measures and general measures taken by states in accordance with the Court's judgments and with the supervisory proceedings of the Committee of Ministers, as published in its human rights (DH) resolutions.
Book Synopsis The implementation of judgments of the European Court of Human Rights by : Council of Europe
Download or read book The implementation of judgments of the European Court of Human Rights written by Council of Europe and published by Council of Europe. This book was released on 2018-01-17 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delays in implementing the Court’s judgments, lack of political will in certain states parties, attempts to discredit the Court... In ratifying the European Convention on Human Rights, the signatory states accept the Court’s jurisdiction and authority and “undertake to abide by the final judgment of the Court in any case to which they are parties” (Article 46 of the Convention). While certain member states have made real progress in implementing the judgments of the European Court of Human Rights, some others face serious structural and political problems forming real “pockets of resistance” that delay or prevent the execution of judgments. The Committee of Ministers is still supervising the execution of some 10 000 judgments, although they are not all at the same stage of implementation. This publication highlights the difficulties in implementing certain judgments encountered in the 10 countries which have the highest number of non-implemented judgments against them (Italy, the Russian Federation, Turkey, Ukraine, Romania, Hungary, Greece, Bulgaria, the Republic of Moldova and Poland). It also analyses judgments whose execution raises complex political issues.
Author :Court of Justice of the European Communities Publisher :British Institute for International & Comparative Law ISBN 13 :9780903067850 Total Pages :0 pages Book Rating :4.0/5 (678 download)
Book Synopsis Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters by : Court of Justice of the European Communities
Download or read book Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters written by Court of Justice of the European Communities and published by British Institute for International & Comparative Law. This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters was concluded on September 27, 1968, among the original six Member States of the then EEC. On March 1, 2002, the Convention was replaced by EC Regulation No 44/2001 of December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. Regulation 44/2001 left much of the Convention unaltered, but parts were also modified inter alia in order to take into account decisions of the European Court of Justice. These two volumes and supplement contain over 100 decisions of the European Court of Justice on the interpretation of the Brussels Convention from 1976 onwards, as well as the Advocate Generals' opinions for each case. The provisions of the Convention cannot be properly understood and applied without reference to this case law. The case law of the ECJ will also continue to be of fundamental importance due to its relevance to a proper understanding of the provisions of the new Regulation. This publication thus provides an essential tool to those interested in the "new" Regulation and its spirit of continuity from the "old" European rules on jurisdiction and the enforcement of judgments in civil and commercial matters.
Author :Mads Andenas Publisher :British Inst of International & Comparative ISBN 13 :9780903067690 Total Pages :399 pages Book Rating :4.0/5 (676 download)
Book Synopsis Enforcement Agency Practice in Europe by : Mads Andenas
Download or read book Enforcement Agency Practice in Europe written by Mads Andenas and published by British Inst of International & Comparative. This book was released on 2005 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: How far away is Europe from an area of 'free movement' of judgments in the same way that there is free movement of goods, persons, services and capital? Just as the free movement of goods has required the harmonization of standards relating to the manufacture and distribution of goods, the free movement of judgments will require the harmonization of procedural standards and the creation of new interfaces between systems. Focus has been on the mutual recognition of judgments. The next stage is the actual enforcement of a legally enforceable judgment, and this book is the first major contribution to comparative scholarship on this topic. The differences between the systems of civil procedure in the European Member States are deep-seated and relate in particular to different approaches to judicial organization. The development of appropriate rules for the European Judicial Area is a complex task. Practitioners typically do not have the time or the incentive to explore the reasons for the difficulties they face in cross-border disputes. Policy makers lack input from practitioners. A framework needs to be created where detailed comparative information can be provided on subjects that are of interest to policy makers so that structural differences can be properly taken into account. This book examines the structure, status and procedures of enforcement agencies in Europe and the implications for individuals and companies in seeking to enforce a judgment in the European Judicial Area.
