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Author: Carlo Rasia
Publisher: Kluwer Law International B.V.
ISBN: 9403503963
Category : Law
Languages : en
Pages : 370
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Book Description
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.
Author: Carlo Rasia
Publisher: Kluwer Law International B.V.
ISBN: 9403503963
Category : Law
Languages : en
Pages : 370
Get Book
Book Description
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.
Author: Anna Nylund
Publisher:
ISBN: 9781780683805
Category : Civil procedure
Languages : en
Pages : 0
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Book Description
'This publication is extremely interesting since it shows that the law of the European Union has an impact on national procedural law. Cross-fertilisation is indeed a very important tool.'--Marcel Storme, Honorary Pres. of the International Assoc. of Procedural Law ***This book discusses the impact of EU law on selected national legal systems. The authors analyze how the civil procedure system of their countries has reacted to increasing Europeanisation and the 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. Both EU legislation and doctrinal changes in EU case law touch upon various topics of the procedural law of the Member States. A comprehensive comparison between the countries represented in the book is made. (Series: Ius Commune Europaeum, Vol. 150) Subject: EU Law, National Law]
Author: Fernando Gascón Inchausti
Publisher:
ISBN: 9781780688596
Category : Civil procedure
Languages : en
Pages : 0
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Book Description
This book provides precious insight into the dynamics of this new approach to consolidating European Civil Justice, clearly outlining the motivations of the various national and institutional players involved and examining potential obstacles likely to be encountered along the way. The book represents a work of reference for anyone involved in academia, practice or law reform in this subject area.
Author: Vesna Rijavec
Publisher: Kluwer Law International B.V.
ISBN: 9041166653
Category : Law
Languages : en
Pages : 450
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Book Description
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.
Author: Astrid Stadler
Publisher: Edward Elgar Publishing
ISBN: 1800887841
Category : Law
Languages : en
Pages : 785
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Book Description
European Rules of Civil Procedure sets out a clear examination of the rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the substantial comparative knowledge of its authors.
Author: Anna Nylund
Publisher:
ISBN: 9781780685519
Category : Civil procedure
Languages : en
Pages : 175
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Book Description
Author: Burkhard Hess
Publisher: Nomos Verlag
ISBN: 3845285214
Category : Law
Languages : en
Pages : 486
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Book Description
Zwanzig Jahre nach der Verabschiedung des Amsterdamer Vertrags über die justizielle Zusammenarbeit in Zivilsachen wurden vom europäischen Gesetzgeber zahlreiche Instrumente des EU-Zivilprozessrechts entwickelt, die heute in der nationalen Rechtsprechung fest verankert sind. Diese Instrumente haben einen grenzüberschreitenden Raum der Rechtssicherheit geschaffen, dem Bürgerinnen und Bürger sowie und Unternehmen vertrauen können. Das vorliegende Buch fragt nach den "best practices" gemeinsamer Regeln und Praktiken. Inspiriert von der Verschiebung des Schwerpunkts von der Schaffung neuer Rechtsvorschriften hin zu einer Konzentration auf die konkrete Umsetzung, bietet der Band einen Überblick über einen einheitlichen europäischen Rechtsraum und seinen Regeln.
Author: Eva Storskrubb
Publisher: OUP Oxford
ISBN: 0199533172
Category : Language Arts & Disciplines
Languages : en
Pages : 556
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Book Description
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.
Author: European Law Institute
Publisher: Oxford University Press
ISBN: 0198866585
Category : Law
Languages : en
Pages : 369
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Book Description
This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (Unidroit), dealing with civil procedure law. The long-term project began in February 2014, as a joint endeavour to adapt the American Law Institute/Unidroit Principles of Transnational Civil Procedure to the European legal environment, and ended in 2020 with the approval of the ELI-Unidroit Model European Rules of Civil Procedure. Featured in this volume, the Rules are accompanied by comments. They take into account the diverse traditions in Europe concerning civil procedure law and aim to find a common thread in them. Therefore, they not only consider the similarities but also the differences in order to gain a solution that does not favour one legal system but combines aspects of them all, fostering effectiveness and fairness in civil procedure.
Author: Monique Hazelhorst
Publisher: Springer
ISBN: 9462651620
Category : Law
Languages : en
Pages : 448
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Book Description
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.
