By Carla Crifò

To be enforceable, a overseas judgement wishes a few type of ‘passport’ in order that it may be given an analogous remedy as a judgement given at domestic. this is often rather precise of financial duties. In Europe, the stress among the necessity for cross-border portability of such duties and their enforcement, at the one hand, and sovereign states’ judicial keep watch over over enforcement of household and overseas decisions, at the different, has been addressed time and again by way of the ecu courtroom of Justice and the fee and Council of the ecu groups, such a lot lately in the course of the inspiration of ‘mutual trust.’ despite the fact that, regardless of concerted efforts to set up a few harmonization during this sector, mammoth divergences persist among the Member States’ procedural platforms as regards the definition of an enforcement order, the methods for imposing decisions and, chiefly, the prestige, powers and duties of enforcement officers. This significant new exploration of the present prestige of cross-border enforcement of money owed in Europe deals in-depth research of the newest proper legislation on the ecu Union point, in addition to the default household law in England and Wales, Germany, France, Italy and Spain- 5 jurisdictions selected as a result very thick net of relatives they've got had with one another as a part of the confirmed ecu order. the writer offers distinctive attention of such parts of the felony panorama because the following: minimal criteria for uncontested claims strategies; specifications as to provider and knowledge to be supplied; prolonged safeguards of the creditor’s place and the rights of the defence; technique for certification and for enforcement within the Member States of foundation and of execution; and alertness, provider and enforcement of a eu Order for check. within the context of the serious educational and functional debate round what's being known as ‘European civil procedure,’ this ebook contributes signally to the Commission’s said aim of making sure ‘as globally as attainable a fast, effective and cheap entry to justice.’ the writer information the procedural measures prescribed by way of the appropriate directives (and their case legislations so far), and by the way offers a handy conduit to the correct fabric at the web content of the ecu Judicial community and the Judicial Atlas in every one jurisdiction. As attorneys proceed, within the absence of ‘mutual trust’, to use their very own old and philosophical intending to the ‘harmonized’ systems – irrespective of how a lot this process is discouraged within the preambles to the rules and directives – this e-book enormously illuminates the best way ahead in a tricky yet very important quarter of ecu law.

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Cross-Border Enforcement of Debts in the European Union: Default Judgments, Summary Judgments and Orders for Payment by Carla Crifò


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