Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial
Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial

Author: Monique Hazelhorst

Publisher: Springer

Published: 2017-02-27

Total Pages: 451

ISBN-13: 9462651620

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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.

The Right to a Fair Trial
The Right to a Fair Trial

Author: European Commission for Democracy through Law

Publisher: Council of Europe

Published: 2000-01-01

Total Pages: 168

ISBN-13: 9789287142979

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The right to a fair trial is a fundamental element of legal systems. Guaranteed by national constitutions and the European Convention on Human Rights, it ensures the effectiveness of law against arbitrary acts of the authorities. The reports which appear in this volume were presented in Brno, at a seminar on European constitutional heritage, in which judges from constitutional courts and other equivalent bodies from approximately 20 countries participated. They show the convergence of approaches, in Europe and on other continents, and the universal nature of rights protected by a fair trial.

Free movement of judgements within the EU: abolishment of the exequatur and reform of the grounds of refusal to enforce?
Free movement of judgements within the EU: abolishment of the exequatur and reform of the grounds of refusal to enforce?

Author: Christoph Kirsch

Publisher: Cuvillier Verlag

Published: 2012-01-16

Total Pages: 72

ISBN-13: 3736939841

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On 14 December 2010 the European Commission presented its Proposal to amend the most important instrument on European international civil procedure, the Regulation 44/2001 (´Brussels I`). Against the background that European law guarantees economic freedoms cross-border recognition and enforcement of judgments within the European Union is of considerable and increasing importance. Brussels I provides for a simple and accelerated procedure to obtain the required declaration of enforceability (the exequatur) in the Member State of enforcement. In order to further enhance the free movement of judgments within the EU the general abolishment of this exequatur lies at the heart of the Proposal. It is accompanied by plans to reform the existing defences. This dissertation provides an analysis and discusses the most relevant aspects of the abolishment of the exequatur and the reform of the defences under the Proposal. After providing the background on the Proposal and its underlying principles, the cross-border enforcement regimes of Brussels I and the Commisson`s Proposal are briefly presented. The abolishment of the exequatur is critically discussed with regard to its underlying rationales and the functions of the exequatur. The chapter concludes with the implications of the abolishment for the existing defences. The reform of the defences is discussed in debt in the third chapter with regard to the questions whether the Proposal provides sufficient protection and complies with the principle of mutual recognition. Particular emphasis is put on the ordre public defence and its fundamental rights implications. Suggestions to amend the Commission`s Proposal are made throughout the paper and briefly summarised in the final conclusion.

The Right to a Fair Trial
The Right to a Fair Trial

Author: Piero Leanza

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9789041148551

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The right to a fair trial is a basic principle of the rule of law in democratic societies, securing the right to a proper administration of justice. What makes the European Convention on Human Rights (ECHR) special in comparison with other international instruments is the possibility granted to any individual to file a complaint with the European Court of Human Rights (ECtHR). ECtHR cases are imbued with a 'preventive' impact: judges, courts, and tribunals in Signatory States to the ECHR are required to take into consideration Article 6 and the ECtHR's case law when handling and deciding cases. The copious case law of the ECtHR has led to an expansion of the number of specific rights deserving protection under the general category of the right to a fair trial, thus greatly enhancing the fundamental human rights that are listed in almost all international conventions and numerous state constitutions. This book focuses on the right to a fair trial as set forth in the ECHR and examines the guarantees provided by Article 6 both in civil and in criminal proceedings. Its coverage is wide-ranging but incisive, and includes such issues and topics as the following: meaning of 'civil right' and 'criminal charge'; disputes related to specific areas such as education, employment, and taxation; applicability to administrative proceedings, military courts, arbitrations, international tribunals, and 'hybrid' courts; legal aid; immunity; admissibility and assessment of evidence; right to a decision within a reasonable time; standing before the Court of Justice of the European Union (CJEU); right to the free assistance of an interpreter; individual case conflicts and possible resolutions; procedure before the hearing takes place; and use of modern technology. Numerous full paragraphs of important ECtHR decisions are included in the text, setting at the reader's disposal relevant passages and reducing research time. The authors also provide two schemes recommending steps that domestic courts should follow to keep the process within the boundaries of a fair trial.

Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings
Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings

Author: Ola Johan Settem

Publisher: Springer

Published: 2015-12-15

Total Pages: 532

ISBN-13: 3319248839

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This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues. The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard? In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to le gal aid? As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent. Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.

Casebook on European fair trial standards in administrative justice
Casebook on European fair trial standards in administrative justice

Author: Arman Zrvandyan

Publisher: Council of Europe

Published: 2016-12-01

Total Pages: 144

ISBN-13: 9287183953

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Interest in administrative justice and the judicial review of administrative acts has been growing in many countries recently, including many Council of Europe member states. At the core of an accountable and transparent administration is the right to effectively challenge acts and decisions that affect civil rights and obligations, and the daily life of individuals. Effective means of redress against administrative decisions require a functioning system of administrative justice that provides fair trial guarantees. An administrative process should be public, held within a reasonable time, undertaken by an independent and impartial tribunal established by law and result in an enforceable judgment that is pronounced publicly. This casebook, the first of its kind, provides a systematic and accessible overview of what administrative justice means for Council of Europe member states. The case law of the European Court of Human Rights on the right to a fair trial is described and analysed as it relates to administrative proceedings. It is the hope of the Council of Europe and the Folke Bernadotte Academy that this casebook will help practitioners in the field of administrative justice to ensure fair trial standards and their principles applicable under Article 6, paragraph 1, of the European Convention on Human Rights are respected and, by doing so, further strengthen the rule of law and the accountability and transparency of public administration and administrative justice in the member states of the Council of Europe.

Fair Trial and Judicial Independence
Fair Trial and Judicial Independence

Author: Attila Badó

Publisher: Springer Science & Business Media

Published: 2013-10-23

Total Pages: 259

ISBN-13: 3319012169

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This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature. Despite its generality and supranational application, the methods of interpreting this clause vary significantly among particular legal systems. This book assumes that the substantive content of this term conveys relevance to the organizational independence of judicial power, the selection of judges, and the mutual relationship between the branches of power. The comparative studies included in this collection offer readers a widespread understanding of the aforementioned correlations and will ultimately contribute to their mastery of the concept of fair trial.​

Fair Trial Rules of Evidence
Fair Trial Rules of Evidence

Author: Jurkka Jämsä

Publisher: Taylor & Francis

Published: 2022-09-30

Total Pages: 187

ISBN-13: 1000728315

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This book examines how the European Court of Human Rights approaches the matter of evidence, and how its judgments affect domestic law. The case law of the Court has affected many areas of law in Europe. One of these areas is the law of evidence, and especially criminal evidence. This work examines the key defence rights that may touch upon evidence, such as the right to adduce evidence, the right to disclosure, the privilege against self-incrimination and access to a lawyer, entrapment, and the right to cross-examine prosecution witnesses. It explains the relevant assessment criteria used by the Court and introduces a simple framework for understanding the various assessment models developed by the Court, including the Perna test, the Ibrahim criteria, and the sole or decisive rule. The book provides a comprehensive overview on the relevant case law, and will be a valuable asset for students and researchers, as well as practitioners, such as judges, prosecutors, and lawyers, working in the areas of criminal procedure and human rights.

The Evolution of EU Law
The Evolution of EU Law

Author: Paul Craig

Publisher: Oxford University Press

Published: 2021-08-19

Total Pages: 1024

ISBN-13: 0192661809

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This last decade has been particularly turbulent for the EU. Beset by crises - the financial crisis, the rule of law crisis, the migration crisis, Brexit, and the pandemic - European Law has had to adapt and change in a way not previously seen. First published in 1999, the goal then was to reflect on the important developments that had been made since the creation of the EEC. That goal has not changed. From EU Administrative Law through to the Regulation of Network Industries, each chapter in this seminal work assess the legal and political forces that have shaped the evolution of EU law. With new chapters covering the Rule of Law, Judicial Reform, Brexit, Constitutional and Legal Theory, Refugee and Asylum law, and Data Governance, this third edition of The Evolution of EU Law is a must read for any student or academic of EU law.