By Monique Hazelhorst
This booklet examines the attainment of whole loose circulation of civil judgments throughout european member states from the viewpoint of its conformity with the basic correct to a good trial. within the built-in criminal order of the ecu Union, it truly is crucial that litigants can depend on a judgment regardless of the place within the ecu it was once brought. potent mechanisms for cross-border reputation and the enforcement of judgments offer either borrowers and collectors with the protection that their rights, together with their correct to a good trial, should be safe. lately the attainment of whole unfastened stream of civil judgments, via simplification or abolition of those mechanisms, has turn into a concern for the ecu legislator.
The textual content uniquely combines an intensive dialogue of ecu laws with an in-depth and demanding exam of its interaction with primary rights. It comprises an over-view and comparability of either ECtHR and CJEU case legislation at the correct to a good trial, and offers loads of particular thoughts for present and destiny legislation.
With its severe dialogue of european rules from either a pragmatic and a theoretical point of view, this booklet is especially suitable to legislators and policymakers operating during this box. as a result of the large evaluation of the functioning of the EU’s mechanisms and of correct case legislations it presents, the booklet is usually hugely correct to teachers and practitioners.
Monique Hazelhorst is Judicial Assistant on the ideally suited court docket of the Netherlands. She studied legislations and criminal learn at Utrecht collage and holds a Ph.D. in legislation from the Erasmus college of legislation at Erasmus college Rotterdam.
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Extra resources for Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial
Sample text
17056/06 ECHR 2009-V, para 85. 106 Case C-619/10 Trade Agency Ltd v Seramico Investments Ltd ECLI:EU:C:2012:531. 107 Recital 33, Brussels I bis Regulation. 108 Case 166/80 Peter Klomps v Karl Michel ECLI:EU:C:1981:137. 109 This distinction is widely accepted in literature (see for instance Oberhammer (2010) pp. 197–198) but not always made in practice. See on this issue Oberhammer (2010), Dickinson (2010) p. 255, Beaumont and Johnston (2010) p. 105. 38 2 The Evolution of Free Movement of Civil Judgments … aspect of the mechanism (judgment import) is instrumental in this regard, but that the abolition of the grounds for refusal, or judgment inspection, has proved controversial.
The EAPO facilitates cross-border debt recovery by offering a uniform instrument for account preservation. However, the EAPO is not a (final) judgment, but rather a protective measure that is issued ex parte, without the defendant being summoned to appear. 53 The innovation of the EAPO is therefore primarily that it provides a uniform and automatically enforceable provisional measure, not that it contains no refusal grounds. Since it does not facilitate the recognition and enforcement of judgments, it is outside the scope of this research.
Yet, the legislative developments in this area were still very much governed by economic objectives. 62 The 1999 Tampere European Council shifted focus from mere economic rationales to the creation of an area of freedom, security and justice. Its Conclusions first articulated the role of the principle of mutual recognition in the creation of such an area. Though this document does not use the term “mutual trust”, it starts by referring to values common to all Member States: 60 See Weller (2015) p.