Download or read book Informed Choices in Cross border Enforcement written by Elena D'Alessandro and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to choose the most beneficial enforcement regime for cross-border claims of a client? A question considerably complicated by (1) the existence of various European Union enforcement tools and (2) particularities in the national legal systems that impact on the operation and suitability of the various enforcement tools. This book compares and analyses the practical utility and potential pitfalls of the 2nd generation regulations (European Enforcement Order, European Order for Payment, European Small Claims Procedure and European Account Preservation Order) and their relation to Brussels Ibis. The work is based on an extensive evaluation of case law (published and unpublished), empirical data and literature from eight Member States (Belgium, France, Germany, Italy, Luxembourg, The Netherlands, Poland, Spain) and the Court of Justice of the European Union.
Download or read book Cross Border Litigation in Central Europe written by Csongor István Nagy and published by Kluwer Law International B.V.. This book was released on 2022-07-12 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-Border Litigation in Central Europe EU Private International Law Before National Courts As a consequence of the ever-increasing intercourse within the enlarged and diverse European Union (EU), a growing number of businesses, consumers, and families rely on EU private international law instruments to seek justice in cross-border disputes. This invaluable reference book offers an in-depth understanding of this process in Central Europe and is the first to provide a comprehensive and analytical overview of the judicial practice in the region and to make this case law accessible in English. Presenting the results of a major EU-funded project (CEPIL), the book offers an insight into the reality of EU private international law and cross-border litigation in Central Europe: it provides a comprehensive and exhaustive presentation of the case law in 10 Central European Member States (Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, and Slovenia); it covers all fields of EU private international law (general civil and commercial, insolvency, family and succession matters); it inquires whether EU private international law functions optimally in the Central European Member States in order to secure a Europe of law and justice; it examines whether EU private international law instruments are applied in a correct and uniform manner and whether national courts deal appropriately with disputes having a cross-border element; it analyzes whether the current legal and institutional architecture is susceptible of securing legal certainty and an effective remedy for cross-border litigants. This important practical resource helps businesses, consumers, families and legal counsels engaged in cross-border mobility to gain access to essential information and analysis as to the application and interpretation of EU private international law in Central Europe. The book is also highly valuable to academics and researchers specializing in private international law by presenting the research findings of the CEPIL project.
Download or read book The Brussels I bis Regulation written by Vesna Lazic Lazić and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its interpretation and application.
Download or read book The Private International Law of Authentic Instruments written by Jonathan Fitchen and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This helpful book will equip the lawyer – whether notary, barrister or solicitor – with the legal information necessary to understand what an authentic instrument is (and what it is not), what it can (and what it cannot) be used to do in the course of contentious or noncontentions legal proceedings. The book takes a two part approach. Part one focuses on an explanation of the nature of the foreign legal concept of an authentic instrument, setting out the modes of creation, typical domestic evidentiary effects and the typical domestic options to challenge such authentic instruments. Part two then examines and analyses authentic instruments under specific European Union private international law regulations, focusing on the different cross-border legal effects allowed and procedures that apply to each such. Rigorous, authoritative and comprehensive, this will be an invaluable tool to all practitioners in the field.
Download or read book The European Account Preservation Order written by D’Alessandro, Elena and published by Edward Elgar Publishing. This book was released on 2022-06-10 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Commentary provides article-by-article exploration of EU Regulation 655/2014, analysing and outlining in a straightforward manner the steps that lawyers, businesses and banks can take when involved in debt recovery. It offers a detailed discussion of national practice and legislation in order to provide context and a deeper understanding of the complex difficulties surrounding the procedural system created by the European Account Preservation Order (EAPO) Regulation.
Download or read book Knowledge of the Law in the Big Data Age written by G. Peruginelli and published by IOS Press. This book was released on 2019-07-23 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: The changes brought about by digital technology and the consequent explosion of information known as Big Data have brought opportunities and challenges in all areas of society, and the law is no exception. This book, Knowledge of the Law in the Big Data Age contains a selection of the papers presented at the conference ‘Law via the Internet 2018’, held in Florence, Italy, on 11-12 October 2018. This annual conference of the ‘Free Access to Law Movement’ (http://www.fatlm.org) hosted more than 60 international speakers from universities, government and research bodies as well as EU institutions. Topics covered range from free access to law and Big Data and data analytics in the legal domain, to policy issues concerning access, publishing and the dissemination of legal information, tools to support democratic participation and opportunities for digital democracy. The book is divided into 3 sections: Part I provides an introductory background, covering aspects such as the evolution of legal science and models for representing the law; Part II addresses the present and future of access to law and to various legal information sources; and Part III covers updates in projects, initiatives, and concrete achievements in the field. The book provides an overview of the practical implementation of legal information systems and the tools to manage this special kind of information, as well as some of the critical issues which must be faced, and will be of interest to all those working at the intersection of law and technology.
Download or read book Marking of Country of Origin on U S Imports written by and published by . This book was released on 1997 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Private International Law written by Symeon C. Symeonides and published by BRILL. This book was released on 2021-11-08 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.
Download or read book Frontiers in Civil Justice written by Kramer, Xandra and published by Edward Elgar Publishing. This book was released on 2022-08-18 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitisation of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.
Download or read book New Pathways to Civil Justice in Europe written by Xandra Kramer and published by Springer Nature. This book was released on 2021-09-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of ‘Building EU Civil Justice’, a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech. The chapters “Introduction: The Future of Access to Justice – Beyond Science Fiction” and “Constituting a Civil Legal System Called “Just”: Law, Money, Power, and Publicity” are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Download or read book Cross Border Enforcement in Europe National and International Perspectives written by Vesna Rijavec and published by . This book was released on 2020-06-15 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Cross border Enforcement of Debts in the European Union Default Judgments Summary Judgments and Orders for Payment written by Carla Crifò and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jacket.
Download or read book Collective and Mass Litigation in Europe written by Astrid Stadler and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this ‘best practice’ set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.
Download or read book The Future of Cross Border Insolvency written by Irit Mevorach and published by Oxford University Press. This book was released on 2018-03-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh and insightful guide to post-financial crisis cross-border insolvency, this book interrogates the current regime and sets out a pattern to improve its future. In recent decades, and especially since the global financial crisis, a number of important initiatives have focused on developing effective solutions for managing the insolvency of multinational enterprises and financial institutions. Irit Mevorach here takes stock of the varying success of previous policy, and identifies the gaps and biases that could be bridged by a new approach. The book first sets out the theoretical debates regarding cross-border insolvency and surveys the strengths and weaknesses of the prevailing method - modified universalism - synthesizing divergences into a rubric for both commercial entities and financial institutions. Adhering to these norms more robustly, Mevorach argues, would enhance global welfare and produce the best outcomes for businesses and institutions. Drawing upon sources from international law as well as behavioural and economic theory, Mevorach considers how to translate modified universalism into binding international law and how to choose the right instrument for cross-border insolvency; the impact instrument design has on decisions and choices, and how to encourage compliance. In particular, the book proposes guidelines that could potentially overcome, or at least take into account, behavioural biases in decision-making in order to create a system that works for businesses, and offers a blueprint for the future of cross-border insolvency.
Download or read book La famille dans l ordre juridique de l Union europ enne Family within the Legal Order of the European Union written by Elsa Bernard and published by Bruylant. This book was released on 2020-12-31 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le droit de la famille, dans sa dimension civiliste, fortement ancré dans les cultures nationales des États membres, est une matière qui ne relève pas, en principe, du droit de l’Union européenne. Pourtant, il n’est plus possible d’affirmer que la matière échappe dans son entier au droit de l’Union. De nombreux aspects de la famille sont sous influence européenne, au point que l’on voit se dessiner les contours d’une « famille européenne ». L’ouvrage propose de mettre en lumière l’acquis européen en matière de droit de la famille, au prisme du droit matériel (citoyenneté européenne, politique sociale de l’Union, fonction publique européenne...), comme du droit international privé. Le droit de la famille de l’Union s’identifie alors comme un «droit spécial» complétant la diversité des droits nationaux de la famille. Sa signification théorique et politique dans l’Union est débattue par les auteurs, autant que son devenir. Loin de demeurer fragmentaire à côté des droits nationaux des États membres, il a probablement vocation à se densifier pour offrir aux citoyens et résidents européens un droit commun de la famille au sein de l’Union. Family law, with its civil law tradition, and strong roots in the national cultures of the Member States, does not normally fall within the scope of European law. However, it is no longer possible to argue that family law is outside European law entirely. There are many aspects of the family which are subject to European influence, to the point that the outlines of a «European family» are starting to emerge. This book is intended to highlight the European experience of family law and its substantive (i.e. European citizenship, EU social policy, EU civil service...) and private international law aspects. Union law therefore contains a form of «special» family law which is shared between the Member States and supplements their national family laws. Its theoretical and political importance in the Union, as well as its future, are discussed by the authors. Far from remaining fragmented alongside the national laws of Member States, it will likely develop to offer European citizens and residents a common family law within the EU.
Download or read book Options for Estimating Illegal Entries at the U S Mexico Border written by National Research Council and published by National Academies Press. This book was released on 2013-03-01 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Department of Homeland Security (DHS) is responsible for securing and managing the nation's borders. Over the past decade, DHS has dramatically stepped up its enforcement efforts at the U.S.-Mexico border, increasing the number of U.S. Border patrol (USBP) agents, expanding the deployment of technological assets, and implementing a variety of "consequence programs" intended to deter illegal immigration. During this same period, there has also been a sharp decline in the number of unauthorized migrants apprehended at the border. Trends in total apprehensions do not, however, by themselves speak to the effectiveness of DHS's investments in immigration enforcement. In particular, to evaluate whether heightened enforcement efforts have contributed to reducing the flow of undocumented migrants, it is critical to estimate the number of border-crossing attempts during the same period for which apprehensions data are available. With these issues in mind, DHS charged the National Research Council (NRC) with providing guidance on the use of surveys and other methodologies to estimate the number of unauthorized crossings at the U.S.-Mexico border, preferably by geographic region and on a quarterly basis. Options for Estimating Illegal Entries at the U.S.-Mexico Border focuses on Mexican migrants since Mexican nationals account for the vast majority (around 90 percent) of attempted unauthorized border crossings across the U.S.-Mexico border.
Download or read book Healthcare Across EU Borders Evidence written by and published by The Stationery Office. This book was released on 2009 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: A report that welcomes the proposal from the European Commission for a Directive on patients' rights to cross-border healthcare but calls for improvements and warns that, due to the unpredictable impact of the provisions in the Directive, it must be carefully monitored upon implementation.
