Civil Jurisdiction Rules of the EU and Their Impact on Third States PDF Download

Author: Thalia Kruger
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 0

View

Book Description

Author: Thalia Kruger
Publisher:
ISBN:
Category :
Languages : en
Pages : 367

View

Book Description

Author: Thalia Kruger
Publisher: Oxford Private International L
ISBN: 9780199228577
Category : Language Arts & Disciplines
Languages : en
Pages : 0

View

Book Description
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.

Author: Eva Storskrubb
Publisher: OUP Oxford
ISBN: 0199533172
Category : Language Arts & Disciplines
Languages : en
Pages : 556

View

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: Anna Nylund
Publisher:
ISBN: 9781780686936
Category : Civil procedure
Languages : en
Pages : 0

View

Book Description
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.

Author: Carlo Rasia
Publisher: Kluwer Law International B.V.
ISBN: 9403503963
Category : Law
Languages : en
Pages : 370

View

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: Great Britain
Publisher:
ISBN: 9780111176726
Category :
Languages : en
Pages : 20

View

Book Description
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

Author: Trevor Clayton Hartley
Publisher:
ISBN: 9780191918759
Category :
Languages : en
Pages :

View

Book Description
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.

Author: Peter Stone
Publisher:
ISBN: 9780582315624
Category : Civil law
Languages : en
Pages : 206

View

Book Description
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.

Author: Adam Lazowski
Publisher: T.M.C. Asser Press
ISBN: 9789067044295
Category : Law
Languages : en
Pages : 0

View

Book Description
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.