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A book series devoted to the common foundations of the European
legal systems. The Ius Commune Europaeum series includes
comparative legal studies as well as studies on the effect of
treaties within national legal systems. All areas of the law are
covered. The books are published in various European languages
under the auspices of METRO, the Institute for Transnational Legal
Research at Maastricht University. This book discusses the impact
of EU law on selected national legal systems. The authors analyse
how the civil procedure system of their country has reacted to
increasing Europeanisation and influence of EU law. They identify
significant changes and disseminate the reasons for particular
developments and the further implications of EU law on the civil
procedure.Europe is in a period of increasing Europeanisation of
civil procedure. Procedural elements of EU law are based on
decentralised enforcement, leaving enforcement and procedural
issues to the Member States. Consequently, there is vast amount of
EU case law that is relevant for national procedural law. The
supremacy of EU law and, inter alia, the requirements of
effectiveness and equivalence may be relevant for several topics of
national civil procedural law, for example ex officio application
of EU law, enforcement, insolvency proceedings, evidence, etc. Both
EU legislation and doctrinal changes in EU case law touch upon
various topics of the procedural law of the Member States. In a
concluding chapter, a more comprehensive comparison between the
countries represented in the book is made. Which doctrines, which
pieces of legislation or features in legislation pose problems for
national civil procedure? Are some legal systems or topics more
prone to integrate European rules, and are others more resistant to
changes? This book displays the Europeanisation of national civil
procedure law and helps to understand this development from the
perspective of Member States.
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.
The volume is divided into two parts. Part I on 'Cross-border
Enforcement in Europe' opens with a contribution comparing the
European approach in Brussels I Recast with the US experience of
enforcement in the context of judicial federalism. This is followed
by two contributions concentrating on aspects of Brussels I Recast,
specifically the abolition of exequatur and the grounds for refusal
of foreign judgments (public order and conflicting decisions). The
two concluding texts in this part deal with the cross-border
enforcement of notarial deeds and the sister regulation of Brussels
I Recast, Brussels II bis (jurisdiction and the recognition and
enforcement of judgments in matrimonial matters and the matters of
parental responsibility). Part II is devoted to aspects of
(cross-border) enforcement in a selection of European states
(Poland, the Czech Republic, the Netherlands, Slovenia and the
Republic of North Macedonia). The topics discussed include the
authorities entrusted with enforcement, judicial assistance and the
national rules relevant from the perspective of Brussels I Recast.
This book is important for practitioners involved in cross-border
enforcement and academics working within an international
comparative legal context.
Based on the wish to reopen an international comparative discussion
on fundamental notions of civil procedure, this book offers a
number of insights into procedural human rights from different
jurisdictions and different points of view.
Access to European Union not only provides a comprehensive overview
of European integration but also offers a fresh insight with each
revised edition. Thanks to its clear and systematic approach, this
book guides the reader through the maze of European Union policies.
It throws light upon the European institutions, their raison
d'etre, their objectives and their experience, and explains EU
measures, legal provisions and economic programmes. The book
contains over 3000 references to the Official Journal of the
European Communities and more than 500 bibliographic references,
selected by topic so as to help the reader deepen the study of the
subjects of his or her interest.
The present book is unique in its kind. It brings together views
and ideas regarding dispute resolution in modern societies from
some old, some new and some future Member States of the European
Union. The authors of this book address the delivery of justice by
the state courts and alternative dispute resolution from different
perspectives. The underlying assumption of the book is that both
types of dispute resolution mechanisms public justice and private
justice collaborate and contribute to the same goal, i.e. the
establishment of a fair and effective justice system. The main
focus of this book is on the presentation of current developments
in the national justice systems of various European countries and
their comparison and evaluation. Particular emphasis is put on
legal, political and economic processes in the transition and
post-transition countries. The underlying idea is to analyze not
only the norms, laws and regulations, but also the role and the
actual functioning of the law and its institutions. The texts in
this book approach dispute resolution in an interdisciplinary
manner. They analyze the role and functioning of the law and its
institutions as mechanisms for the regulation of social conflicts
in present-day Europe. In understanding the contemporary problems,
this book also offers a historic perspective on the development of
dispute resolution, as well as a legal and sociological analysis of
contemporary issues in the administration of justice. Examples of
topics that are addressed are the effectiveness of the justice
system, the challenges of justice reform, the right to a trial
within reasonable time, appropriate legal aid facilities, and the
effects of mediation rules and practices. The contributors of this
book include academics and legal professionals (judges, mediators,
experts involved in justice reform projects and other lawyers) from
a number of countries, each bringing his or her own particular
expertise and experience.
The information age provides novel tools for case management. While
technology plays a crucial role, the way in which courts are
structured is still critical in ensuring effective case management.
The correlation between court structure and case management is a
pivotal topic. The existing debate concentrates predominantly on
the micro and case-specific aspects of case management, without
further inquiry into the relationship between court structure,
court management, and case management. The contributions within
this volume fill this gap from a comparative perspective,
undertaking a macro/structural and sub-macro perspective of
procedure and case management.
The information age provides novel tools for case management. While
technology plays a crucial role, the way in which courts are
structured is still critical in ensuring effective case management.
The correlation between court structure and case management is a
pivotal topic. The existing debate concentrates predominantly on
the micro and case-specific aspects of case management, without
further inquiry into the relationship between court structure,
court management, and case management. The contributions within
this volume fill this gap from a comparative perspective,
undertaking a macro/structural and sub-macro perspective of
procedure and case management.
Globalization of legal traffic and the inherent necessity of having
to litigate in foreign courts or to enforce judgments in other
countries considerably complicate civil proceedings due to great
differences in civil procedure. This may consequently jeopardize
access to justice. This triggers the debate on the need for
harmonization of civil procedure. In recent years, this debate has
gained in importance because of new legislative and practical
developments both at the European and the global level. This book
discusses the globalization and harmonization of civil procedure
from the angles of legal history, law and economics and (European)
policy. Attention is paid to the interaction with private law and
private international law, and European and global projects that
aim at the harmonization of civil procedure or providing guidelines
for fair and efficient adjudication. It further includes
contributions that focus on globalization and harmonization of
civil procedure from the viewpoint of eight different
jurisdictions. This book is an unique combination of theory and
practice and valuable for academic researchers in the area of civil
procedure, private international law, international law as well as
policy makers (national and EU), lawyers, judges and bailiffs.
Globalization of legal traffic and the inherent necessity of having
to litigate in foreign courts or to enforce judgments in other
countries considerably complicate civil proceedings due to great
differences in civil procedure. This may consequently jeopardize
access to justice. This triggers the debate on the need for
harmonization of civil procedure. In recent years, this debate has
gained in importance because of new legislative and practical
developments both at the European and the global level. This book
discusses the globalization and harmonization of civil procedure
from the angles of legal history, law and economics and (European)
policy. Attention is paid to the interaction with private law and
private international law, and European and global projects that
aim at the harmonization of civil procedure or providing guidelines
for fair and efficient adjudication. It further includes
contributions that focus on globalization and harmonization of
civil procedure from the viewpoint of eight different
jurisdictions. This book is an unique combination of theory and
practice and valuable for academic researchers in the area of civil
procedure, private international law, international law as well as
policy makers (national and EU), lawyers, judges and bailiffs.
The law relating to recourse is always changing, but the present
period is notable for the number of countries whose law has
recently undergone, is now undergoing, or is about to undergo
extensive reform. This makes the comparison of differing systems
particularly difficult. This book is the second volume in the
series "Civil Procedure in Europe." It gives a comparative overview
of the systems of recourse against civil judgments actually in
operation in 14 countries of the European Union. The reports were
written against the background of a document originally circulated
in July 1995, but each of them remains the original work of its
individual author. The contributions are written by national
expects distinguished in the field of civil procedural law. The
main reports are written in English, French, German and in one case
Spanish, and are followed by summaries in the remaining languages.
Extensive bibliographies have been included, to enable the reader
to find material for further study. The national reports
systematically address the following: a description of the right of
appeal in each country; the nature and scope of the appeal against
first and second instance judgments; enforceability of Judgment
subject to recourse; and default judgments. Recourse against
judgments covers the following countries: Austria, Belgium,
Denmark, England and Wales, Finland, France, Germany, Greece,
Ireland, Italy, The Netherlands, Portugal, Spain and Sweden.
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