Free Movement Of Civil Judgments In The European Union And The Right To A Fair Trial

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Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial

Author : Monique Hazelhorst
Publisher : Springer
ISBN 13 : 9462651620
Total Pages : 448 pages
Book Rating : 4.4/5 (626 download)

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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.

The Right to a Fair Trial

Author : European Commission for Democracy through Law
Publisher : Council of Europe
ISBN 13 : 9789287142979
Total Pages : 168 pages
Book Rating : 4.1/5 (429 download)

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Book Synopsis The Right to a Fair Trial by : European Commission for Democracy through Law

Download or read book The Right to a Fair Trial written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 2000-01-01 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a fair trial is a fundamental element of legal systems. Guaranteed by national constitutions and the European Convention on Human Rights, it ensures the effectiveness of law against arbitrary acts of the authorities. The reports which appear in this volume were presented in Brno, at a seminar on European constitutional heritage, in which judges from constitutional courts and other equivalent bodies from approximately 20 countries participated. They show the convergence of approaches, in Europe and on other continents, and the universal nature of rights protected by a fair trial.

The Right to a Fair Trial

Author : Piero Leanza
Publisher :
ISBN 13 : 9789041148551
Total Pages : 0 pages
Book Rating : 4.1/5 (485 download)

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Book Synopsis The Right to a Fair Trial by : Piero Leanza

Download or read book The Right to a Fair Trial written by Piero Leanza and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a fair trial is a basic principle of the rule of law in democratic societies, securing the right to a proper administration of justice. What makes the European Convention on Human Rights (ECHR) special in comparison with other international instruments is the possibility granted to any individual to file a complaint with the European Court of Human Rights (ECtHR). ECtHR cases are imbued with a 'preventive' impact: judges, courts, and tribunals in Signatory States to the ECHR are required to take into consideration Article 6 and the ECtHR's case law when handling and deciding cases. The copious case law of the ECtHR has led to an expansion of the number of specific rights deserving protection under the general category of the right to a fair trial, thus greatly enhancing the fundamental human rights that are listed in almost all international conventions and numerous state constitutions. This book focuses on the right to a fair trial as set forth in the ECHR and examines the guarantees provided by Article 6 both in civil and in criminal proceedings. Its coverage is wide-ranging but incisive, and includes such issues and topics as the following: meaning of 'civil right' and 'criminal charge'; disputes related to specific areas such as education, employment, and taxation; applicability to administrative proceedings, military courts, arbitrations, international tribunals, and 'hybrid' courts; legal aid; immunity; admissibility and assessment of evidence; right to a decision within a reasonable time; standing before the Court of Justice of the European Union (CJEU); right to the free assistance of an interpreter; individual case conflicts and possible resolutions; procedure before the hearing takes place; and use of modern technology. Numerous full paragraphs of important ECtHR decisions are included in the text, setting at the reader's disposal relevant passages and reducing research time. The authors also provide two schemes recommending steps that domestic courts should follow to keep the process within the boundaries of a fair trial.

Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings

Author : Ola Johan Settem
Publisher : Springer
ISBN 13 : 3319248839
Total Pages : 532 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings by : Ola Johan Settem

Download or read book Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings written by Ola Johan Settem and published by Springer. This book was released on 2015-12-15 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues. The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard? In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to le gal aid? As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent. Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.

Free movement of judgements within the EU: abolishment of the exequatur and reform of the grounds of refusal to enforce?

Author : Christoph Kirsch
Publisher : Cuvillier Verlag
ISBN 13 : 3736939841
Total Pages : 72 pages
Book Rating : 4.7/5 (369 download)

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Book Synopsis Free movement of judgements within the EU: abolishment of the exequatur and reform of the grounds of refusal to enforce? by : Christoph Kirsch

Download or read book Free movement of judgements within the EU: abolishment of the exequatur and reform of the grounds of refusal to enforce? written by Christoph Kirsch and published by Cuvillier Verlag. This book was released on 2012-01-16 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 14 December 2010 the European Commission presented its Proposal to amend the most important instrument on European international civil procedure, the Regulation 44/2001 (´Brussels I`). Against the background that European law guarantees economic freedoms cross-border recognition and enforcement of judgments within the European Union is of considerable and increasing importance. Brussels I provides for a simple and accelerated procedure to obtain the required declaration of enforceability (the exequatur) in the Member State of enforcement. In order to further enhance the free movement of judgments within the EU the general abolishment of this exequatur lies at the heart of the Proposal. It is accompanied by plans to reform the existing defences. This dissertation provides an analysis and discusses the most relevant aspects of the abolishment of the exequatur and the reform of the defences under the Proposal. After providing the background on the Proposal and its underlying principles, the cross-border enforcement regimes of Brussels I and the Commisson`s Proposal are briefly presented. The abolishment of the exequatur is critically discussed with regard to its underlying rationales and the functions of the exequatur. The chapter concludes with the implications of the abolishment for the existing defences. The reform of the defences is discussed in debt in the third chapter with regard to the questions whether the Proposal provides sufficient protection and complies with the principle of mutual recognition. Particular emphasis is put on the ordre public defence and its fundamental rights implications. Suggestions to amend the Commission`s Proposal are made throughout the paper and briefly summarised in the final conclusion.

Fair Trial Rules of Evidence

Author : Jurkka Jämsä
Publisher : Taylor & Francis
ISBN 13 : 1000728315
Total Pages : 187 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Fair Trial Rules of Evidence by : Jurkka Jämsä

Download or read book Fair Trial Rules of Evidence written by Jurkka Jämsä and published by Taylor & Francis. This book was released on 2022-09-30 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the European Court of Human Rights approaches the matter of evidence, and how its judgments affect domestic law. The case law of the Court has affected many areas of law in Europe. One of these areas is the law of evidence, and especially criminal evidence. This work examines the key defence rights that may touch upon evidence, such as the right to adduce evidence, the right to disclosure, the privilege against self-incrimination and access to a lawyer, entrapment, and the right to cross-examine prosecution witnesses. It explains the relevant assessment criteria used by the Court and introduces a simple framework for understanding the various assessment models developed by the Court, including the Perna test, the Ibrahim criteria, and the sole or decisive rule. The book provides a comprehensive overview on the relevant case law, and will be a valuable asset for students and researchers, as well as practitioners, such as judges, prosecutors, and lawyers, working in the areas of criminal procedure and human rights.

Casebook on European fair trial standards in administrative justice

Author : Arman Zrvandyan
Publisher : Council of Europe
ISBN 13 : 9287183953
Total Pages : 144 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis Casebook on European fair trial standards in administrative justice by : Arman Zrvandyan

Download or read book Casebook on European fair trial standards in administrative justice written by Arman Zrvandyan and published by Council of Europe. This book was released on 2016-12-01 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in administrative justice and the judicial review of administrative acts has been growing in many countries recently, including many Council of Europe member states. At the core of an accountable and transparent administration is the right to effectively challenge acts and decisions that affect civil rights and obligations, and the daily life of individuals. Effective means of redress against administrative decisions require a functioning system of administrative justice that provides fair trial guarantees. An administrative process should be public, held within a reasonable time, undertaken by an independent and impartial tribunal established by law and result in an enforceable judgment that is pronounced publicly. This casebook, the first of its kind, provides a systematic and accessible overview of what administrative justice means for Council of Europe member states. The case law of the European Court of Human Rights on the right to a fair trial is described and analysed as it relates to administrative proceedings. It is the hope of the Council of Europe and the Folke Bernadotte Academy that this casebook will help practitioners in the field of administrative justice to ensure fair trial standards and their principles applicable under Article 6, paragraph 1, of the European Convention on Human Rights are respected and, by doing so, further strengthen the rule of law and the accountability and transparency of public administration and administrative justice in the member states of the Council of Europe.

The Evolution of EU Law

Author : Paul Craig
Publisher : Oxford University Press
ISBN 13 : 0192661809
Total Pages : 1024 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Evolution of EU Law by : Paul Craig

Download or read book The Evolution of EU Law written by Paul Craig and published by Oxford University Press. This book was released on 2021-08-19 with total page 1024 pages. Available in PDF, EPUB and Kindle. Book excerpt: This last decade has been particularly turbulent for the EU. Beset by crises - the financial crisis, the rule of law crisis, the migration crisis, Brexit, and the pandemic - European Law has had to adapt and change in a way not previously seen. First published in 1999, the goal then was to reflect on the important developments that had been made since the creation of the EEC. That goal has not changed. From EU Administrative Law through to the Regulation of Network Industries, each chapter in this seminal work assess the legal and political forces that have shaped the evolution of EU law. With new chapters covering the Rule of Law, Judicial Reform, Brexit, Constitutional and Legal Theory, Refugee and Asylum law, and Data Governance, this third edition of The Evolution of EU Law is a must read for any student or academic of EU law.

Trust in the European Union in Challenging Times

Author : Antonina Bakardjieva Engelbrekt
Publisher : Springer
ISBN 13 : 3319738577
Total Pages : 248 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Trust in the European Union in Challenging Times by : Antonina Bakardjieva Engelbrekt

Download or read book Trust in the European Union in Challenging Times written by Antonina Bakardjieva Engelbrekt and published by Springer. This book was released on 2018-06-13 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book in the Interdisciplinary European Studies collection. This volume provides an interdisciplinary perspective on trust in the EU from the vantage point of political science, law and economics. It applies insights from a number of different dimensions – political institutions, legal convergence in criminal and civil law, social trust, digitalization, the diffusion of political values and norms, monetary convergence and the legitimacy of political systems – to approach the highly complex issue of trust in the EU in a clear-sighted, relevant and insightful manner. Written by renowned experts in the field, the style is accessible and reader-friendly, yet concise, knowledgeable and thought-provoking. The individual chapters combine up-to-date research findings with reflections on on-going political debates and offer useful, concrete ideas on what steps the EU could take to address the challenge of trust. The book provides the reader with invaluable insights into how trust, or rather the lack of trust, poses a challenge to the future of the social, economic and political developments in the EU. It is a must-read for policy-makers, students and interested members of the public who feel concerned by the future of Europe.

Understanding Due Process in Non-Criminal Matters

Author : Ricardo Lillo Lobos
Publisher : Springer Nature
ISBN 13 : 3030955346
Total Pages : 283 pages
Book Rating : 4.0/5 (39 download)

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Book Synopsis Understanding Due Process in Non-Criminal Matters by : Ricardo Lillo Lobos

Download or read book Understanding Due Process in Non-Criminal Matters written by Ricardo Lillo Lobos and published by Springer Nature. This book was released on 2022-07-20 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: How we understand what procedure is due as a fundamental or constitutional right can have a critical impact on designing a civil procedure. Drawing on comparative law and empirically oriented methodologies, in this book the author provides a thorough analysis of how procedural due process is understood both in national jurisdictions and in the field of international human rights law. The book offers a suitable due process theory for civil matters in general, assessing the different roles that this basic international human right plays in comparison with criminal justice. In this regard, it argues that the civil justice conception of due process has grown under the shadow of criminal justice for too long. Moreover, the theory answers the question of what the basic requirements are concerning the right to a fair trial on civil matters, i.e., the question of what we can and cannot sacrifice when designing a civil procedure that correctly distributes the risk of moral harm while remaining accessible to people with complex and simple legal needs, in order to reconcile the requirements of procedural fairness with social demands for justice. This book makes a valuable contribution to the field of civil justice, legal design, and access to justice by providing an empirically based normative theory regarding the right to a fair trial. As such, it will be of interest to a broad audience: policymakers, practitioners and judges, but also researchers and scholars interested in theoretical questions in jurisprudence, and those familiar with empirical legal studies, comparative law, and other socio-legal studies.

Polycentricity in the European Union

Author : Josephine van Zeben
Publisher : Cambridge University Press
ISBN 13 : 110842354X
Total Pages : 343 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Polycentricity in the European Union by : Josephine van Zeben

Download or read book Polycentricity in the European Union written by Josephine van Zeben and published by Cambridge University Press. This book was released on 2019-04-11 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses European Union governance from the perspective of polycentric theory, aimed at improvements in achieving individual self-governance.

Proceedings of IAC 2020 in Budapest

Author : Group of Authors
Publisher : Czech Institute of Academic Education
ISBN 13 : 8088203155
Total Pages : 249 pages
Book Rating : 4.0/5 (882 download)

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Book Synopsis Proceedings of IAC 2020 in Budapest by : Group of Authors

Download or read book Proceedings of IAC 2020 in Budapest written by Group of Authors and published by Czech Institute of Academic Education. This book was released on 2020-03-13 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Academic Conference on Teaching, Learning and E-learning International Academic Conference on Management, Economics and Marketing International Academic Conference on Transport, Logistics, Tourism and Sport Science

Expert Evidence Deficiencies in the Judgments of the Courts of the European Union and the European Court of Human Rights

Author : George Cumming
Publisher : Kluwer Law International
ISBN 13 : 9789041141231
Total Pages : 0 pages
Book Rating : 4.1/5 (412 download)

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Book Synopsis Expert Evidence Deficiencies in the Judgments of the Courts of the European Union and the European Court of Human Rights by : George Cumming

Download or read book Expert Evidence Deficiencies in the Judgments of the Courts of the European Union and the European Court of Human Rights written by George Cumming 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: Introduction. Chapter 1 Brief Overview of Statutory Interpretation. Chapter 2 Scope of Expert Evidence as Regards the Court of Justice of the European Union, the General Court and the European Court of Human Rights. Chapter 3 Use of Expert Evidence in Selected Judgments of the United States' Supreme Court (USSC), the Supreme Court of Canada (SCC) and the Supreme Court of British Columbia (Canada) (BCSC). Chapter 4 The CJ and GC Involving Primarily Pursuant to Article 267 TFEU References Citizenship and Competition Law and One Direct Action for Non-contractual Liability against the Commission. Chapter 5 European Court of Human Rights Judgments Hirst (2) and Scoppola. Conclusion. Bibliography. Index.

Protecting the right to freedom of expression under the European Convention on Human Rights

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4./5 ( download)

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Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika

Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Facebook and the (EU) Law

Author : Philippe Jougleux
Publisher : Springer Nature
ISBN 13 : 3031065964
Total Pages : 276 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Facebook and the (EU) Law by : Philippe Jougleux

Download or read book Facebook and the (EU) Law written by Philippe Jougleux and published by Springer Nature. This book was released on 2022-07-14 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past two decades have seen a radical change in the online landscape with the emergence of GAFAM (Google, Amazon, Facebook, Apple and Microsoft). Facebook, specifically, has acquired a unique monopoly position among social media, and is part of the digital lives of billions of users. A mutual influence between Facebook and the legal framework has gradually emerged, as EU legislators and judges are on the one hand forced to accept the reality of new, widespread behaviors and practices and on the other have constructed a legal framework that imposes limits and rules on the use of the social network.This book offers a unique perspective on this relationship, exploring the various activities and services proposed by Facebook and discussing the attendant legal issues. Accordingly, questions concerning the GDPR, its principles, rights and obligations are in the center of the discussions. However, the book does not limit its scope to data protection: Facebook has also greatly contributed to a liberalization and democratization of speech. In accordance, the classic principles of media law must be revisited, adapted or suitably enforced on the platform. Intellectual property law governs what is owned and by whom, no matter whether raw data or informational goods are concerned. Frameworks on hate speech and fake news are the result of coregulation principles of governance, whereas defamation jurisprudence continues to evolve, considering the consequences of merely “liking” certain content. The economic model of advertising is also governed by strict rules. Above all, Facebook is currently caught in a dilemma of substantial interest for society as a whole: is it a neutral online intermediary, i.e., merely a passive player on the Internet, or is it transforming against its will into an editorial service? In conclusion, the book has a dual purpose. First, it proposes a global and practical approach to the EU legal framework on Facebook. Second, it explores the current limits and the ongoing transformation of EU Internet law as it steadily adapts to life in the new digital world.

ASEAN International Law

Author : Eric Yong Joong Lee
Publisher : Springer Nature
ISBN 13 : 9811631956
Total Pages : 663 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis ASEAN International Law by : Eric Yong Joong Lee

Download or read book ASEAN International Law written by Eric Yong Joong Lee and published by Springer Nature. This book was released on 2021-10-13 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book consists of updated and refreshed papers written by international law scholars and practitioners from the ASEAN region and published by the Journal of East Asia and International Law, comprehensively covering almost all contemporary international legal issues related to ASEAN. Legal analysis of the ASEAN integration as one community with one vision in this book provides readers with a better understanding of the current social climate and future developments of ASEAN. Each section within the book covers a highly topical issue on ASEAN cooperation and dispute resolution from an international law perspective. ASEAN is one of the biggest economic communities in the world and the ASEAN+3 covers nearly half of global GDP. Given the region’s global impact, this book is of interest to Asia watchers, academics and policymakers alike.

The Routledge Handbook of Justice and Home Affairs Research

Author : Ariadna Ripoll Servent
Publisher : Routledge
ISBN 13 : 1317292561
Total Pages : 512 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis The Routledge Handbook of Justice and Home Affairs Research by : Ariadna Ripoll Servent

Download or read book The Routledge Handbook of Justice and Home Affairs Research written by Ariadna Ripoll Servent and published by Routledge. This book was released on 2017-11-23 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice and Home Affairs is one of the fastest expanding areas of research in European Studies. The European response to security concerns such as terrorism, organised crime networks, and drug trafficking as well as to the challenge of managing migration flows are salient topics of interest to an increasing number of scholars of all disciplines, the media and general public. This handbook takes stock of policy development and academic research in relation to justice and home affairs and analyses the field in an unprecedented thematic depth. The book comprehensively investigates the field from the perspective of the three dimensions central to European integration: the sectoral (policies), the horizontal (states, regions) and the vertical (institutions, decision-making) dimensions. It also discusses the most important theoretical approaches used in this research area and provides the reader with a state of the art picture of the field. By adopting such a comprehensive and broad-based approach, the handbook is uniquely positioned to be an important referent for scholars, practitioners and students interested in the area of justice, home affairs and European politics.