Cross-Border Enforcement in Europe: National and International Perspectives PDF Download

Author: Vesna Rijavec
Publisher:
ISBN: 9781780687773
Category :
Languages : en
Pages : 254

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Book Description
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.

Author: Elena D'Alessandro
Publisher:
ISBN: 9781780689692
Category : Conflict of laws
Languages : en
Pages : 0

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Book Description
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 The work is based on an extensive evaluation of case law (published and unpublished), empirical data and literature from eight Member States (Belgium, France, Germany, Italy, Luxembourg, The Netherlands, Poland, Spain) and the Court of Justice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.

Author: Thomas Papadopoulos
Publisher: Springer Nature
ISBN: 3030227537
Category : Law
Languages : en
Pages : 511

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Book Description
This edited volume focuses on specific, crucially important structural measures that foster corporate change, namely cross-border mergers. Such cross-border transactions play a key role in business reality, economic theory and corporate, financial and capital markets law. Since the adoption of the Cross-border Mergers Directive, these mergers have been regulated by specific legal provisions in EU member states. This book analyzes various aspects of the directive, closely examining this harmonized area of EU company law and critically evaluating cross-border mergers as a method of corporate restructuring in order to gain insights into their fundamental mechanisms. It comprehensively discusses the practicalities of EU harmonization of cross-border mergers, linking it to corporate restructuring in general, while also taking the transposition of the directive into account. Exploring specific angles of the Cross-border Mergers Directive in the light of European and national company law, the book is divided into three sections: the first section focuses on EU and comparative aspects of the Cross-border Mergers Directive, while the second examines the interaction of the directive with other areas of law (capital markets law, competition law, employment law, tax law, civil procedure). Lastly, the third section describes the various member states’ experiences of implementing the Cross-border Mergers Directive.

Author: Vesna Rijavec
Publisher: Springer
ISBN: 9783031471070
Category : Law
Languages : en
Pages : 0

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Book Description
This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects. Divided into five parts, the book offers first some general considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions. This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.

Author: Nicholas De Genova
Publisher: Duke University Press
ISBN: 0822372665
Category : Social Science
Languages : en
Pages : 376

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Book Description
In recent years the borders of Europe have been perceived as being besieged by a staggering refugee and migration crisis. The contributors to The Borders of "Europe" see this crisis less as an incursion into Europe by external conflicts than as the result of migrants exercising their freedom of movement. Addressing the new technologies and technical forms European states use to curb, control, and constrain what contributors to the volume call the autonomy of migration, this book shows how the continent's amorphous borders present a premier site for the enactment and disputation of the very idea of Europe. They also outline how from Istanbul to London, Sweden to Mali, and Tunisia to Latvia, migrants are finding ways to subvert visa policies and asylum procedures while negotiating increasingly militarized and surveilled borders. Situating the migration crisis within a global frame and attending to migrant and refugee supporters as well as those who stoke nativist fears, this timely volume demonstrates how the enforcement of Europe’s borders is an important element of the worldwide regulation of human mobility. Contributors. Ruben Andersson, Nicholas De Genova, Dace Dzenovska, Evelina Gambino, Glenda Garelli, Charles Heller, Clara Lecadet, Souad Osseiran, Lorenzo Pezzani, Fiorenza Picozza, Stephan Scheel, Maurice Stierl, Laia Soto Bermant, Martina Tazzioli

Author: Raphael Bossong
Publisher: Springer
ISBN: 3319175602
Category : Political Science
Languages : en
Pages : 244

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Book Description
This edited volume analyzes recent key developments in EU border management. In light of the refugee crises in the Mediterranean and the responses on the part of EU member states, this volume presents an in-depth reflection on European border practices and their political, social and economic consequences. Approaching borders as concepts in flux, the authors identify three main trends: the rise of security technologies such as the EUROSUR system, the continued externalization of EU security governance such as border mission training in third states, and the unfolding dynamics of accountability. The contributions show that internal security cooperation in Europe is far from consolidated, since both political oversight mechanisms and the definition of borders remain in flux. This edited volume makes a timely and interdisciplinary contribution to the ongoing academic and political debate on the future of open borders and legitimate security governance in Europe. It offers a valuable resource for scholars in the fields of international security and migration studies, as well as for practitioners dealing with border management mechanisms.

Author: Vesna Rijavec
Publisher: Springer Nature
ISBN: 3031471083
Category : Law
Languages : en
Pages : 401

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Book Description
This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects. Divided into five parts, the book offers first some general considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions. This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.

Author: Georgiou, Myria
Publisher: Council of Europe
ISBN:
Category : Social Science
Languages : en
Pages : 24

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Book Description
Media have played an important role in framing the public debate on the “refugee crisis” that peaked in autumn of 2015. This report examines the narratives developed by print media in eight European countries and how they contributed to the public perception of the “crisis”, shifting from careful tolerance over the summer, to an outpouring of solidarity and humanitarianism in September 2015, and to a securitisation of the debate and a narrative of fear in November 2015. Overall, there has been limited opportunity in mainstream media coverage for refugees and migrants to give their views on events, and little attention paid to the individuals’ plight or the global and historical context of their displacement. Refugees and migrants are often portrayed as an undistinguishable group of anonymous and unskilled outsiders who are either vulnerable or dangerous. The dissemination of biased or ill-founded information contributes to perpetuating stereotypes and creating an unfavourable environment not only for the reception of refugees but also for the longer-term perspectives of societal integration.

Author: Arnaud Lechevalier
Publisher: transcript Verlag
ISBN: 3839424429
Category : Political Science
Languages : en
Pages : 271

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Book Description
Focussing European borders: The book provides insight into a variety of changes in the nature of borders in Europe and its neighborhood from various disciplinary perspectives. Special attention is paid to the history and contemporary dynamics at Polish and German borders. Of particular interest are the creation of Euroregions, mutual perceptions of Poles and Germans at the border, EU Regional Policy, media debates on the extension of the Schengen area. Analysis of cross-border mobility between Abkhazia and Georgia or the impact of Israel's »Security Fence« to Palestine on society complement the focus on Europe with a wider view.

Author: Simon Vorburger
Publisher: Kluwer Law International
ISBN: 9789041154194
Category : Law
Languages : en
Pages : 328

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Book Description
In the wake of the recent economic downturn, an increasing number of parties to international arbitrations have become subject to insolvency proceedings. The consequences of such intersection of international arbitration and cross-border insolvency are unclear. Transnational inconsistencies and difficulties continue to emerge, and in many ways the debate regarding how to deal with cross-border insolvency questions in arbitration is just beginning.