Download or read book Simplification and Acceleration of Civil Justice in Europe written by Anna Nyilas and published by LAP Lambert Academic Publishing. This book was released on 2011-12 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on legal instruments that promote simplification of the process and timely completion of the lawsuit in the first instance civil procedure. It observes the changes of traditional principles in the pursuit of efficient and high quality court procedures. Results of a research conducted from 2007 to 2010 are presented. Civil procedures of multiple jurisdictions are covered, including the most "influencing" English, French and German procedures and specific procedural regulations in Austria, the Netherlands and Hungary - the latter used as a basis of reflection, as the "native" procedure of the author. Small claims procedures are interpreted as one significant way of providing access to justice by keeping judicial resources and procedural costs moderate while providing a well-established judgment with all its effects and enforceability. A balance of parties' rights and managing powers of the judge together with the principle of cooperation guaranteed by explicit procedural liabilities in the law may lead to an effective and just system of civil litigation. The book should help gain insight into efficiency issues in civil justice for lawyers or anyone interested.
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 Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial written by Monique Hazelhorst and published by Springer. This book was released on 2017-02-27 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the attainment of complete free movement of civil judgments across EU member states from the perspective of its conformity with the fundamental right to a fair trial. In the integrated legal order of the European Union, it is essential that litigants can rely on a judgment no matter where in the EU it was delivered. Effective mechanisms for cross-border recognition and the enforcement of judgments provide both debtors and creditors with the security that their rights, including their right to a fair trial, will be protected. In recent years the attainment of complete free movement of civil judgments, through simplification or abolition of these mechanisms, has become a priority for the European legislator. The text uniquely combines a thorough discussion of EU legislation with an in-depth and critical examination of its interplay with fundamental rights. It contains an over-view and comparison of both ECtHR and CJEU case law on the right to a fair trial, and provides a great number of specific recommendations for current and future legislation. With its critical discussion of EU Regulations from both a practical and a theoretical standpoint, this book is particularly relevant to legislators and policymakers working in this field. Because of the extensive overview of the functioning of the EU’s mechanisms and of relevant case law it provides, the book is also highly relevant to academics and practitioners. Monique Hazelhorst is Judicial Assistant at the Supreme Court of the Netherlands. She studied Law and Legal Research at Utrecht University and holds a Ph.D. in Law from the Erasmus School of Law at Erasmus University Rotterdam.
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 336 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 Litigation in China and Europe written by C.H. (Remco) van Rhee and published by Springer Science & Business Media. This book was released on 2013-12-03 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered. Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication). Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases. Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.
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 European Judicial Systems Edition 2012 2010 Data written by European Commission for the Efficiency of Justice and published by Council of Europe. This book was released on 2012-01-01 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new Edition of the report of the European Commission for the Efficiency of Justice (CEPEJ), which evaluates the functioning of the judicial systems in 46 Council of Europe's member states, remains in line with the process carried out since 2002. Relying on a methodology which has already proven itself in order to collect and process a wide number of quantitative and qualitative judicial data, this unique study has been conceived above all as a tool for public policy aimed at improving the efficiency and the quality of justice. To have the knowledge in order to be able to understand, analyse and reform, such is the objective of the CEPEJ which has prepared this report, intended for policy makers, legal practitioners, researchers as well as for those who are interested in the functioning of justice in Europe.
Download or read book Judicial Review of Administration in Europe written by Giacinto della Cananea and published by Oxford University Press. This book was released on 2021-08-23 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about judicial review of public administration. Many have regarded this to divide European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less of comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveals not only differences but also some common and connecting elements, in a 'common core' perspective. The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the 'common core' method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a 'common core' exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.
Download or read book Towards a Justice with a Human Face written by Marcel Storme and published by Springer. This book was released on 2013-06-29 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: Je tiens egalement a remercier l'editeur KLUWER que nous a garanti une pu blication aisee et attrayante. Ce n'est pas sans fierte que j'ai l'honneur d'introduire la presente edition des actes du congres. PREFACE In the text mentioned above, it has been stated that the texts of the General Rap porteurs were published in their original language and the texts of the opening and closing speeches, although they were made in the five Congress languages (Dutch, French, English, German and Spanish), were published in English, as the Belgian organisers deemed this to be the most rational solution, even though the Con gress took place in a country where three different languages (Dutch, French and German) are spoken there. As regards the publication of this book, I would like to thank Mrs. CAS MAN, who made the texts ready for printing, Profe~sor R. DE CORTE, who saw to the distribution of the texts during the Congress, and the KLUWER publishing com pany for their excellent and faultless publication. I cannot stifle a distinct feeling of pride at being privileged enough to introduce this publication of the Reports. VORWORT Im vorstehenden Text is erortert worden aus welchen GrUnden die Gesamt berichte in ihren originellen Sprachen veroffentlicht wurden, und die Texte der feierlichen Eroffnungssitzung und der Schluss-sitzung im Englischen, obwohl diese verfasst wurden in den fiinf Kongressprachen (Deutsch, Englisch, Fran zosisch, NiederHindisch und Spanisch) und obgleich der Kongress veranstaltet wurde in einem Land wo es drei Sprachen (Niederliindisch, Franzosich und Deutsch) gibt.
Download or read book What Kind of Criminal Policy for Europe written by Mireille Delmas-Marty and published by Martinus Nijhoff Publishers. This book was released on 2023-08-28 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: A work of the International Colloquium, organized by the Association of European Penal Research, under the sponsorship of the Commission of the European Community, with the participation of Le Monde.
Download or read book Central European Judges Under the European Influence written by Michal Bobek and published by Bloomsbury Publishing. This book was released on 2015-11-19 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: The onset of the 2004 EU enlargement witnessed a number of predictions being made about the approaches, capacity and ability of Central European judges who were soon to join the Union. Optimistic voices, foreshadowing the deep transformative power that Europe was bound to exercise with respect to the judicial mentality and practice in the new Member States, were intertwined with gloomy pictures of post-Communist limited formalism and mechanical jurisprudence that could not be reformed, which were likely to undermine the very foundations of mutual trust and recognition the judicial system of the Union is built upon. Ten years later, this volume revisits these predictions and critically assesses the evolution of Central European judicial mentality, institutions and constitutionality under the influence of the EU membership. Comparatively evaluating the situation in a number of Central European Member States in their socio-legal contexts, notably Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania, the volume offers unique insights into the process of (non) Europeanisation of national legal systems and cultures.
Download or read book European Traditions in Civil Procedure written by C. H. van Rhee and published by Intersentia nv. This book was released on 2005 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: European co-operation has resulted in many new and challenging opportunities for legal scholars who, since the so-called 'codification period', have become used to operating in a purely national context. This applies also to scholars in the field of civil procedure, who, for a considerable period of time, have resisted leaving the purely national domain. These scholars have devoted a great deal of attention to the question whether or not harmonisation of civil procedural law is a feasible option, and, if so, in what manner harmonisation should be achieved. The contributors to this book seek to further the harmonisation debate by exploring some of the main trends in the development of civil procedural law during the last two centuries in several European countries (Germany, Austria, Switzerland, France, England and Wales, The Netherlands and Belgium). Two of the central issues that are addressed by the contributors are the extent to which the various procedural models have influenced each other and the extent to which common traditions in civil procedural law may be distinguished in Europe. Each general chapter in this book is supplemented by three chapters devoted to specific procedural topics: Conciliation, Party Interrogation as Evidence and the Role of the Judge. In addition, extensive bibliographical references are included.
Download or read book European Judicial Systems written by and published by . This book was released on 2012 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bulletin of the European Communities written by and published by . This book was released on 1985 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book New Source Book in Major European Governments written by John J. Wuest and published by . This book was released on 1966 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Yearbook in the Sociology of Law written by and published by . This book was released on 2000 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Supervision of the Execution of Judgments of the European Court of Human Rights written by Council of Europe. Committee of Ministers and published by . This book was released on 2010 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
