Download or read book Civil justice in the countries of the european union written by Elio Fazzalari and published by . This book was released on 1998 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EU Civil Justice written by Burkhard Hess and published by Bloomsbury Publishing. This book was released on 2016-01-14 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This seventh volume in the Swedish Studies in European Law series brings together some of the most prominent scholars working within the fast-evolving field of EU civil justice. Civil justice has an impact on matters involving, inter alia, family relationships, consumers, entrepreneurs, employees, small and medium-sized businesses and large multinational corporations. It therefore has great power and potential. Over the past 15 years a wealth of EU measures have been enacted in this field. Issues arising from the implementation thereof and practice in relation to these measures are now emerging. Hence, this volume will explore the benefits as well as the challenges of these measures. The particular themes covered include forum shopping, alternative dispute resolution, simplified procedures and debt collection, family matters and collective redress. In addition, the deepening of the field that continues post-Lisbon has occasioned a new level of regulatory and policy challenges. These are discussed in the final part of the volume which focuses on mutual recognition also in the broader European law context of integration in the area of freedom, security and justice.
Download or read book Civil Justice in the European Union written by and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The European Union as an Area of Freedom Security and Justice written by Maria Fletcher and published by Routledge. This book was released on 2016-11-25 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.
Download or read book Civil Justice System Competition in the European Union written by Erlis Themeli and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some years now, certain EU Member States have been promoting their national courts as the best places to litigate cross-border commercial disputes. This has led to a competition between jurisdictions, which recently has been re-energised by the upcoming withdrawal of the United Kingdom from the EU. This civil justice competition affects, among other things, governments' policies, court organisation, and cross-border litigation strategies. Building on an interdisciplinary methodology, this book offers an in-depth theoretical and empirical research analysing the competition currently taking place between civil justice systems. It focuses in particular on the motivations and attitudes of governments and litigants, and presents the findings of a survey conducted with lawyers from the largest law firms in Europe. Contributing to the current debates in a novel way, this research will be a go-to-point for academics, policymakers and practitioners across the EU.
Download or read book Civil Litigation in a Globalising World written by X.E. Kramer and published by Springer Science & Business Media. This book was released on 2012-02-02 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Just Words written by Andrej Auersperger Matić and published by Cambridge University Press. This book was released on 2020-07-16 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book argues that the Strasbourg Court is applying excessively formalistic reasoning in its decisions in the area of justice.
Download or read book Trust in the European Union in Challenging Times written by Antonina Bakardjieva Engelbrekt and published by Springer. This book was released on 2018-06-13 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book in the Interdisciplinary European Studies collection. This volume provides an interdisciplinary perspective on trust in the EU from the vantage point of political science, law and economics. It applies insights from a number of different dimensions – political institutions, legal convergence in criminal and civil law, social trust, digitalization, the diffusion of political values and norms, monetary convergence and the legitimacy of political systems – to approach the highly complex issue of trust in the EU in a clear-sighted, relevant and insightful manner. Written by renowned experts in the field, the style is accessible and reader-friendly, yet concise, knowledgeable and thought-provoking. The individual chapters combine up-to-date research findings with reflections on on-going political debates and offer useful, concrete ideas on what steps the EU could take to address the challenge of trust. The book provides the reader with invaluable insights into how trust, or rather the lack of trust, poses a challenge to the future of the social, economic and political developments in the EU. It is a must-read for policy-makers, students and interested members of the public who feel concerned by the future of Europe.
Download or read book Human Rights in Business written by Juan José Álvarez Rubio and published by Routledge. This book was released on 2017-01-20 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.
Download or read book From Civil to Human Rights written by Helle Porsdam and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Helle Porsdam s new book is a readable and perceptive analysis of European and American perceptions of essential human rights and their roots in national and regional cultures. Professor Porsdam traces the notions of civil, political, social and economic interests as rights protected and implemented by law on both sides of the Atlantic. From Civil to Human Rights is a must read for Europeans, Americans, and everyone else who wants to learn more about the institutions, values, hopes and dreams that bring us together and hold us apart at the beginning of the 21st century. Peter L. Murray, Harvard Law School, Cambridge, US Is there a special human rights narrative emerging from the chastened soul of post-war Europe? What lies ahead for that great but shattered community? Helle Porsdam, a leader in the related fields of human rights and humane letters, bids fair to answer these and other pressing questions. Along the way her highly nuanced intellect addresses the frustrating differences among those contentious first cousins, Europe and the United States. The result is a wide-ranging, richly informed inquiry about Europe s rise from the ashes and the choices it must make to inspire rather than repulse the world around it. Richard Weisberg, Cardozo Law School, New York, US Europeans have attempted for some time to develop a human rights talk and now European intellectuals are talking about the need to construct European narratives . This book illustrates that these narratives will emphasize a political and cultural vision for a multi-ethnic and more cosmopolitan Europe. The narratives evolve around human rights, partly in the hope that they might function as a cultural glue in an increasingly multi-ethnic Europe, and partly because they are intimately connected with that part of enlightenment thinking that sought to promote democracy and the rule of law. Helle Porsdam discusses the development of human rights as a discourse of atonement for Europeans a discourse which has the potential to become a shared, transatlantic discourse. Using an interdisciplinary approach, this book will be an invaluable research tool for postgraduate students and scholars within the fields of law, history, political science and international relations.
Download or read book The Impact of the European Court of Justice on Neighbouring Countries written by Arie Reich and published by Oxford University Press, USA. This book was released on 2020-10-29 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the external impact of the Court of Justice of the European Union, this book delves into the influence its judgments have outside EU borders and particularly on the legal systems of countries in the European neighbourhood. A team of scholars from non-EU countries provided analysis and insight into this project.
Download or read book Dimensions of Evidence in European Civil Procedure written by Vesna Rijavec and published by Kluwer Law International B.V.. This book was released on 2015-12-29 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.
Download or read book Civil Procedure in the European Union written by Paolo Biavati and published by Kluwer Law International B.V.. This book was released on 2019-09-29 with total page 386 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 Civil Law at Your Fingertips written by European Commission and published by . This book was released on 2007 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The European Court and Civil Society written by Rachel A. Cichowski and published by Cambridge University Press. This book was released on 2007-03-08 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union today stands on the brink of radical institutional and constitutional change. The most recent enlargement and proposed legal reforms reflect a commitment to democracy: stabilizing political life for citizens governed by new regimes, and constructing a European Union more accountable to civil society. Despite the perceived novelty of these reforms, this book explains (through quantitative data and qualitative case analyses) how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s. The book documents the dramatic consequences of this institutional change for civil society and public policy reform throughout Europe. Cichowski offers detailed empirical and historical studies of gender equality and environmental protection law across fifteen countries and over thirty years, revealing important linkages between civil society, courts and the construction of governance. The findings bring into question dominant understandings of legal integration.
Download or read book Justice Liberty Security written by Bernd Martenczuk and published by ASP / VUBPRESS / UPA. This book was released on 2008 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is rapidly creating a European space in which citizens can live in Justice, Liberty and Security. This bold push forward in the European integration process touches on three highly sensitive societal subjects: immigration and asylum, civil law, and criminal law. At the same time, work in this area necessarily has an external dimension: we only need to think about asylum and the post September 11 fight against terrorism. Within the European Union, this dynamic development of the external side of justice and home affairs raises challenging issues: friction over the division of competences between the Union and its Member States and between EU institutions; cross-pillar coordination issues; legal and political tensions due to "variable geometry" with numerous "opt-ins" and "opt-outs". In addition, international cooperation brings its own problems: how to explain the internal issues to international partners? How to allow them to become comfortable with an ever more assertive EU role? How to support global governance structures while preserving European human standards? -- Back cover.
