Overview
- Combines a thorough discussion of EU legislation with in-depth and critical examination of its conformity with fundamental rights
- Provides a great number of specific recommendations for current and future legislation
- Contains an in-depth overview and comparison of both ECtHR and CJEU case law on the right to a fair trial
- Includes supplementary material: sn.pub/extras
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Table of contents (9 chapters)
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Front Matter
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Evolution of Free Movement of Civil Judgments in Europe and the Role of Fair Trial
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Front Matter
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Back Matter
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The Framework for the Protection of the Right to a Fair Trial in Europe
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Front Matter
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Back Matter
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How to Effectively Protect Fair Trial in the Context of Free Movement of Civil Judgments
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Front Matter
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Back Matter
Keywords
About this book
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, andprovides 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.
Authors and Affiliations
Bibliographic Information
Book Title: Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial
Authors: Monique Hazelhorst
DOI: https://doi.org/10.1007/978-94-6265-162-3
Publisher: T.M.C. Asser Press The Hague
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: T.M.C. Asser Press and the author 2017
Hardcover ISBN: 978-94-6265-161-6Published: 06 March 2017
eBook ISBN: 978-94-6265-162-3Published: 27 February 2017
Edition Number: 1
Number of Pages: XV, 448
Topics: Private International Law, International & Foreign Law, Comparative Law , European Law, Human Rights
