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Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial (Hardcover, 1st ed. 2017)
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Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial (Hardcover, 1st ed. 2017)
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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.
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