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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.
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