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

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

View

Book Description

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: 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: 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: 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.

Author: Walter Gerven
Publisher: Stanford University Press
ISBN: 9780804750646
Category : Law
Languages : en
Pages : 420

View

Book Description
This book provides a general introduction to the European Union (EU) and describes how, from its origin in 1952, it has grown into a polity of 25 states with a population of more than 450 million.

Author: Bernd Martenczuk
Publisher: ASP / VUBPRESS / UPA
ISBN: 9054874724
Category : Political Science
Languages : en
Pages : 526

View

Book Description
The European Union is rapidly creating a European space in which citizens can live in Justice, Liberty and Security. This bold push forward in the European integration process touches on three highly sensitive societal subjects: immigration and asylum, civil law, and criminal law. At the same time, work in this area necessarily has an external dimension: we only need to think about asylum and the post September 11 fight against terrorism. Within the European Union, this dynamic development of the external side of justice and home affairs raises challenging issues: friction over the division of competences between the Union and its Member States and between EU institutions; cross-pillar coordination issues; legal and political tensions due to "variable geometry" with numerous "opt-ins" and "opt-outs". In addition, international cooperation brings its own problems: how to explain the internal issues to international partners? How to allow them to become comfortable with an ever more assertive EU role? How to support global governance structures while preserving European human standards? -- Back cover.

Author: Gralf-Peter Calliess
Publisher: Kluwer Law International B.V.
ISBN: 9403509147
Category : Law
Languages : en
Pages : 980

View

Book Description
The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the European Union (EU) is the remit of the so-called Rome I and II Regulations that entered into force in 2009, supplemented by the Rome III Regulation of 2012 dealing specifically with divorce and legal separation. This article-by-article commentary – now updated to its third edition – has become a cornerstone resource in handling European cases involving conflict of laws. The occasion for publishing a third edition is that several landmark judgments on the conflict of laws have been recently rendered both by the Court of Justice of the EU and by domestic courts. Moreover, with Brexit, one of the largest European states will enter into a new form of relationship with the EU, which will specifically impact the conflict of laws. The effects of these major developments are reflected throughout the new edition’s extensively revised article-by-article commentary. The commentary, authored by leading scholars of conflict of laws and drawing on a wide spectrum of case law and scholarship, highlights, among much else, such long-term implications of the Rome Regulations as the following: principles of interpretation; limiting the effects of forum shopping; limiting the trade-restricting effects of the fragmentation of national private laws; ensuring the free movement of persons; enhancement of legal certainty and predictability; and potential solutions for an agreement-based Brexit. It provides black letter law as represented by the jurisprudence of the Court of Justice of the EU and the Member State courts, as well as the latest academic opinion. In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, the pressing question is no longer if the state has to grant access to justice in international situations but how that right can be implemented effectively. To this end, renowned conflict of laws scholars analyse every provision of the Regulations in a systematic and thorough manner, making them accessible to a broad international legal audience. The result is an indispensable companion for academics, judges, lawyers, and legal professionals in their day-to-day work.