By Monique Hazelhorst
ISBN-10: 1831851881
ISBN-13: 9781831851887
ISBN-10: 9462651612
ISBN-13: 9789462651616
ISBN-10: 9462651620
ISBN-13: 9789462651623
This booklet examines the attainment of entire unfastened move of civil judgments throughout european member states from the point of view of its conformity with the basic correct to a good trial. within the built-in criminal order of the eu Union, it's crucial that litigants can depend on a judgment irrespective of the place within the european it was once added. powerful mechanisms for cross-border acceptance and the enforcement of judgments supply either borrowers and collectors with the safety that their rights, together with their correct to a good trial, might be safe. lately the attainment of whole unfastened circulate of civil judgments, via simplification or abolition of those mechanisms, has develop into a concern for the ecu legislator.
The textual content uniquely combines an intensive dialogue of european laws with an in-depth and significant exam of its interaction with basic rights. It comprises an over-view and comparability of either ECtHR and CJEU case legislation at the correct to a good trial, and gives lots of particular ideas for present and destiny legislation.
With its severe dialogue of ecu laws from either a realistic and a theoretical viewpoint, this publication is very suitable to legislators and policymakers operating during this box. as a result of broad evaluate of the functioning of the EU’s mechanisms and of correct case legislation it offers, the ebook can be hugely appropriate to teachers and practitioners.
Monique Hazelhorst is Judicial Assistant on the perfect courtroom of the Netherlands. She studied legislations and criminal study at Utrecht collage and holds a Ph.D. in legislation from the Erasmus college of legislations at Erasmus collage Rotterdam.
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Extra info for Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial
Sample text
39 Regulation 2201/2003, Articles 21–52. 40 Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the application of Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, COM (2014) 225 final, pp. 10–11. 41 Council Regulation (EC) 4/2009 of 18 December 2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, OJ L7/1 (the ‘Maintenance Regulation’).
P. 10. , pp. 10–11. 97 See on this proposal De Boer (2013) and Scott (2015). 98 Hess et al. (2013). 99 Hess et al. (2007, 2013) p. 384. 100 Hess et al. (2013) p. 385. 5 Concluding Remarks Free movement of judgments is essential to guaranteeing legal certainty, which in turn fosters international trade and encourages free movement of businesses and people across borders within the EU. To facilitate free movement of judgments, the 1968 Brussels Convention and the 2001 Brussels Regulation, as well as a number of other instruments, contained a mechanism consisting of a uniform procedure for obtaining an exequatur, combined with refusal grounds that the Member State of enforcement could apply.
109 This distinction is widely accepted in literature (see for instance Oberhammer (2010) pp. 197–198) but not always made in practice. See on this issue Oberhammer (2010), Dickinson (2010) p. 255, Beaumont and Johnston (2010) p. 105. 38 2 The Evolution of Free Movement of Civil Judgments … aspect of the mechanism (judgment import) is instrumental in this regard, but that the abolition of the grounds for refusal, or judgment inspection, has proved controversial. The preceding discussion showed that the introduction of mutual recognition aimed, on one hand, to abolish the exequatur or declaration of enforceability (judgment import); and on the other hand, to abolish or narrow the refusal grounds (judgment inspection).
Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial by Monique Hazelhorst
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