Download or read book Civil Jurisdiction Rules of the EU and Their Impact on Third States written by Thalia Kruger and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Civil Jurisdiction Rules of the European Union and Their Impact on Third States written by Thalia Kruger and published by . This book was released on 2005 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Civil Jurisdiction Rules of the EU and Their Impact on Third States written by Thalia Kruger and published by Oxford Private International L. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers the development & current position of civil jurisdiction rules in the EU, analysing the three main regulations on civil jurisdiction & their effect on parties domiciled outside the EU, particularly regarding the recognition & enforcement of judgments made within the EU in external jurisdictions.

Download or read book Civil Procedure and EU Law written by Eva Storskrubb and published by OUP Oxford. This book was released on 2008 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining a burgeoning policy area of the EU - the regulation of cross border civil and commercial litigation - this title analyses the EU's specific legislative measures and assesses their impact on litigation procedure, particularly due process rights.

Download or read book Civil Procedure and Harmonisation of Law written by Anna Nylund and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how EU and international civil procedure rules (hard law, soft law, and judicial decision) shape national civil procedure law of the EU member states.

Download or read book Civil Procedure in the European Union written by Carlo Rasia and published by Kluwer Law International B.V.. This book was released on 2022-10-20 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in the European Union. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the European Union will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

Download or read book The Civil Jurisdiction and Judgments Amendment EU Exit Regulations 2019 written by Great Britain and published by . This book was released on 2018-12-18 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enabling power: European Union (Withdrawal) Act 2018, s. 8 (1), sch. 7, para. 21. Issued: 18.12.2018. Sifted: -. Made: -. Laid: -. Coming into force: In accord. with reg.1. Effect: 1970 c.31; 1971 c.32; 1982 c.27; 1984 c.42; 1992 c.5, 8, 25; 2004 c.33; 2013 c.26; S.I. 1989/677 (NI.4); 1990/1504 (NI.10); 1991/724; 1997/302, 2602, 2780 (S.74); 2001/3929; 2002/2972 (S. 12); 2009/1003, 1109, 3131; 2012/2814; S.R. 2012/413 amended. Territorial extent & classification: E/W/S/NI. EC note: Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial matters, signed at Brussels on 27 September 1968; the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial matters, between the member States of the European Communities and the Republic of Iceland, the Kingdom of Norway and the Swiss Confederation, signed by the member States on 16 September 1988; the Agreement between the European Community and the Kingdom of Denmark on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial matters, of 19 October 2005; the 2007 Lugano Convention; Regulation (EC) No 44/2001; Regulation (EU) No 1215/2012 modified and Council Decision 2001/470/EC; Council Regulation (EC) no. 44/2001; Council Decision 2005/790/EC; Council Decision 2006/325/EC; 2007/712/EC; Council Decision 2009/430/EC; Regulation (EU) no. 1215/2012; Regulation (EU) 542/2014; Commission Delegated Regulation (EU) no. 2015/281 revoked. For approval by resolution of each House of Parliament

Download or read book Civil Jurisdiction and Judgments in Europe written by Trevor Clayton Hartley and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a study of three legal instruments on civil jurisdiction and judgments: the Brussels I Regulation (2012 version), the Lugano Convention (2007 version), and the Hague Choice of Court Convention. A feature all three instruments have in common is that, as far as the Member States of the European Union are concerned CJEU, the final word on their interpretation lies with the Court of Justice of the European Union (CJEU). They thus have a certain unity— a unity of function (the international regulation of civil litigation) and a unity of interpretation. This leads to common features, features which make it appropriate to treat them together as constituting different aspects of a single subject. The book identifies the legal principles that lie behind the individual provisions of the instruments and provides a clear and systematic explanation of their operation, based on what the instruments are trying to achieve and the legal concepts through which it is intended that these objectives will be attained. Every branch of the law tries to balance different objectives and uses different principles and concepts to do so. This is as true in the area of international litigation as in other areas. An important feature of the book, therefore, is to show how these different policies and principles interact to form a coherent system.

Download or read book Laws of the European Union Direct Effect Indirect Effect and State Liability written by Ogochukwu C. Nweke and published by GRIN Verlag. This book was released on 2021-01-28 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2020 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: This document discusses how the Court of Justice of the European Union has over the years adopted and used the Direct effect, Indirect effect and State liability principles to make the EU Laws more effective, both in terms of interpretation and application, especially with regards to EU Directives. The Court of Justice of the European Union (CJEU) whose composition and functions were enunciated in Section 5 of the Treaty on the Functioning of the European Union (TFEU) 2008, was established in 1952, with the aim of interpreting the Laws of the European Union, making sure that the application of these laws are uniform and consistent in all EU countries. The CJEU also “settles legal disputes between national governments and EU institutions.” The CJEU is divided into two courts. It gives rulings on cases brought before it and in doing so, it is required to give preliminary rulings in its capacity to interpret the laws (among other capacities) "to ensure EU law is properly applied, but courts in different countries might interpret it differently. If a national court is in doubt about the interpretation or validity of an EU law, it can ask the Court for clarification. The same mechanism can be used to determine whether a national law or practice is compatible with EU law."

Download or read book Civil Jurisdiction and Judgments in Europe written by Peter Stone and published by . This book was released on 1998 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed and critical analysis of the European Community law on civil jurisdiction and judgments as laid down by the Brussels Convention (1968-96) and the Lugano Convention (1988). A European, rather than British, perspective is adopted when looking at the numerous rulings which have been given by the European Court of Justice and at national, mainly English and French, case-law on the conventions.Civil Jurisdiction and Judgments in Europe aims to provide a definitive analysis of the relevant law in what is an important and evolving field, and also to highlight the existing uncertainties.The book will be of interest to all those concerned with private international law and conflicts of law, as well as practitioners and others who have a professional interest in negotiations towards revised conventions in this field, particularly the Brussels and Lugano Conventions.Peter Stone is Reader in Law and Jean Monnet Professor of European Community Law at the University of Essex. He is also the author of The Conflict of Laws (1995) in the Longman Law Series.

Download or read book The Application of EU Law in the New Member States written by Adam Lazowski and published by T.M.C. Asser Press. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Application of EU Law in the New Member States - Brave New World is a unique volume, providing readers with an in-depth analysis of EU-related legal developments in the twelve new Member States of the European Union. As anticipated, the new Member States have experienced considerable challenges in the transposition and application of EU law. The first five years have also brought a series of controversial decisions of constitutional and supreme courts on the principle of the supremacy of EC law and the position of third pillar legislation in national legal systems. There is also a growing body of highly interesting decisions of lower courts, proving that EU law is slowly making its way and its effectiveness should not be at risk in the long term. Having passed the phase of shyness, domestic courts in at least a few of those countries have already started to send references for the preliminary rulings to the European Court of Justice. Despite some early disappointments, the new references are, in most cases, admissible and very interesting from the substantive point of view. A purely technocratic approach may immediately lead to a conclusion that all these efforts are not sufficient and that the newcomers are underperforming. However, if one takes into account the breadth of the reforms and changes those countries have undergone in the past two decades the conclusion may be different. The emerging picture is quite impressive when economic, political and social factors are taken into account. The countries of Central and Eastern Europe, which had managed to escape the brain draining ruthless Soviet empire, have spent the last twenty years in a deep, multidimensional transformation. Membership of the European Union is yet another challenge they are faced with. One should not think of those countries as children of a lesser God, but rather a Brave New World negotiating its way in the contemporary Europe. This book is important reading for academics, practitioners and civil servants in the EU Member States and candidate countries. Dr Adam Lazowski is Reader in Law at the School of Law, University of Westminster, London, UK.

Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters written by Jannet A. Pontier and published by T.M.C. Asser Press. This book was released on 2004-08-12 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present book offers the reader insight into how the Court of Justice of the European Communities justifies its interpretations of the European legal rules on international jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Our examination of the more than one hundred decisions which the Court has delivered under the 1968 Brussels Convention shows that the Court uses the principles, which in its opinion underlie the explicit rules, as reasons to justify its decisions. These principles are described in the book and it is shown how they relate to each other. The system of principles that has been identified in this study forms an important part of the Brussels Convention’s legacy for the new Regulation No. 44/2001, which replaced the Convention on March 1, 2002. It constitutes a catalogue of arguments that will be employed by the Court to justify its interpretation of the provisions of the new regulation. As such, this book will be of great value to practitioners in international law as well as to academics and students alike. Jannet A. Pontier (Ph.D.) Edwige Burg (Ph.D.) Professor of Law Lecturer and researcher Department of Private International Law Department of Private International Law Senior Research Associate at the Research Associate at the Amsterdam Institute for Private Law Amsterdam Institute for Private Law University of Amsterdam University of Amsterdam Amsterdam, The Netherlands, January 2004 VII TABLE OF CONTENTS

Download or read book Rome Regulations written by Gralf-Peter Calliess and published by Kluwer Law International B.V.. This book was released on 2020-08-10 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the European Union (EU) is the remit of the so-called Rome I and II Regulations that entered into force in 2009, supplemented by the Rome III Regulation of 2012 dealing specifically with divorce and legal separation. This article-by-article commentary – now updated to its third edition – has become a cornerstone resource in handling European cases involving conflict of laws. The occasion for publishing a third edition is that several landmark judgments on the conflict of laws have been recently rendered both by the Court of Justice of the EU and by domestic courts. Moreover, with Brexit, one of the largest European states will enter into a new form of relationship with the EU, which will specifically impact the conflict of laws. The effects of these major developments are reflected throughout the new edition’s extensively revised article-by-article commentary. The commentary, authored by leading scholars of conflict of laws and drawing on a wide spectrum of case law and scholarship, highlights, among much else, such long-term implications of the Rome Regulations as the following: principles of interpretation; limiting the effects of forum shopping; limiting the trade-restricting effects of the fragmentation of national private laws; ensuring the free movement of persons; enhancement of legal certainty and predictability; and potential solutions for an agreement-based Brexit. It provides black letter law as represented by the jurisprudence of the Court of Justice of the EU and the Member State courts, as well as the latest academic opinion. In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, the pressing question is no longer if the state has to grant access to justice in international situations but how that right can be implemented effectively. To this end, renowned conflict of laws scholars analyse every provision of the Regulations in a systematic and thorough manner, making them accessible to a broad international legal audience. The result is an indispensable companion for academics, judges, lawyers, and legal professionals in their day-to-day work.

Download or read book Jurisdiction and Arbitration Clauses in Maritime Transport Documents written by Felix Sparka and published by Springer Science & Business Media. This book was released on 2010-01-11 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisdiction and arbitration clauses are two different mechanisms that help to ensure impartiality and predictability in international dispute resolution. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. Moreover, particular problems arise in the context of maritime transport documents. Based on a broad comparative approach, this study seeks to explain the existing rules within their legal context and to develop a coherent system for such clauses, which takes into account the underlying interests as well as economic theory. While offering detailed answers to most issues surrounding jurisdiction and arbitration clauses in maritime transport documents, the book confronts the fundamental question of the limits of freedom of contract in an international setting.

Download or read book Judicial Discretion in Light of the New European Rules on Jurisdiction in Civil and Commercial Matters written by Aude Fiorini and published by . This book was released on 2016 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: The free movement of judgments can be presented as a necessary corollary of the European internal market where goods, people, services and capital move freely. The first step towards the adoption of harmonized private international law provisions was made in 1968 with the conclusion of the Brussels Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. In 1999, the entry into force of the Treaty of Amsterdam transferred the competence to legislate in the field of judicial cooperation in civil matters from the Member States to the European Union. This led to the transformation of the 1968 Brussels Convention, an instrument of inter-governmental cooperation, into a Regulation: Regulation (EC) 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, colloquially known as 'Brussels I'. Subsequently, a Recast (reform) of the Regulation was agreed in 2012 which substantially amended Brussels I, and will replace it from 10 January 2015.This paper evaluates the extent to which the new jurisdiction rules of the Brussels I Recast impact on the exercise of judicial discretion by courts in the EU. This question is closely linked with the nature of Brussels I as a civilian instrument. Part I will consider how the activism of the European Court of Justice (now Court of Justice of the EU) had reinforced the civilian imprint of the Brussels I Regulation. Part II will assess whether the Recast is breaking away from what has been, for a period, considered the 'systematic dismantling of the common law of conflict of laws' by the EC (now EU).The article concludes that under the Brussels I Recast, the domain of both anti-suit injunctions and forum non conveniens has, if anything, been even further reduced. However the Recast has not only corrected some of the unwelcome consequences of an overly civilian interpretation of the Brussels I Regulation but simultaneously introduced, on the whole territory of the EU, a harmonised mechanism of jurisdictional regulation based on judicial discretion (which was hitherto available only in a few Member States). On this aspect, the Recast has the great merit of promoting (at least on paper) a better coordination between European and third States procedures, and one that may be easier to anticipate in third countries.

Download or read book Research Handbook on EU Consumer and Contract Law written by Christian Twigg-Flesner and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on EU Consumer and Contract Lawtakes stock of the evolution of this fascinating area of private law to date and identifies key themes for the future development of the law and research agendas. This major Handbook brings together contributions by leading academics from across the EU on the latest developments and controversies in these important areas of law. The Handbookis divided into three distinct and thematic parts: firstly, authors examine a range of cross-cutting issues relevant to both consumer and contract law. The second part discusses specific topics on EU consumer law, including the consumer image within EU law, information duties and unfair contract terms. The final part focuses on a number of important subjects which remain current in the development of EU contract law and presents a number of innovative solutions to the challenges presented in parts one and two. This timely and insightful Handbook will provide both a comprehensive survey of this area of law for the novice researcher and fresh food-for-thought for scholars who have been researching this area of law for many years. Contributors include:E.A. Amayuelas, H. Beale, J.M. Bech Serrat, C. Busch, R. Canavan, P. Cartwright, O.O. Cherednychenko, G. Comparato, G. Cordero-Moss, A. Cygan, L. Gillies, M. Graziadei, M.W. Hesselink, G. Howells, C. Mak, V. Mak, H.-W. Micklitz, B. Pozzo, P. Rott, J. Rutgers, J.M. Smits, Y. Svetiev, E.T.T. Tai, C. Twigg-Flesner, W.H. van Boom, J. Watson, F. Zoll