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"Judicial assistance -- European Union countries"
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A peaceful revolution : the development of police and judicial cooperation in the European Union
The debate surrounding police and judicial cooperation in the European Union can be criticised for focussing too much on certain forms of cooperation or on specific cases. As a result, a thorough overview of what has been achieved in this area since the Maastricht Treaty?s entry into force in November 1993 is lacking. In contrast to the disjointed and mostly secret cooperation between police and judicial services in Europe prior to 1993, the current regime has established a coherent and transparent collaboration within the EU that can only be described as revolutionary. This book discusses this peaceful revolution in light of the action programmes (the Brussels Programme, the Tampere Programme, the Hague Programme and the Stockholm Programme) which were drafted in concurrence with all major changes to the constitutional relations within the European Union: the Maastricht Treaty, the Amsterdam Treaty, the Nice Treaty, the Rome Treaty and the Lisbon Treaty. This programmatic approach makes it possible to present in a clear manner the imposing array of police and judicial agencies, facilities and networks (Europol, Schengen Information System, Eurojust, European Arrest Warrant, etc.) created through democratic processes with the aim of ensuring the security of the citizens of the European Union. In particular, the problems concerning the control of internal and external borders and with respect to the containment of terrorism demonstrate that this system urgently needs to be reinforced.
Book
Cross-Border Litigation in Europe
This substantial and original book examines how the EU Private International Law (‘PIL’) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research-project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law. Volume 20 in the series Studies in Private International Law
eBook
Brussels I Regulation
The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure.Every practitioner in the international field has to work with it - and its importance is still growing.The first edition of this full scale article-by-article commentary found a very warm reception.
eBook
European Arrest Warrant
What practical problems are at stake in current EAW surrender proceedings?The research project Improving Mutual Recognition of European Arrest Warrants through Common Practical Guidelines of which the three country reports for Greece, the Netherlands and Poland are now published, is a follow-up of an earlier project that led to the publication of.
eBook
The Nature and Enforcement of Choice of Court Agreements
This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements (‘Hague Convention’) and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions. Volume 19 in the series Studies in Private International Law
eBook
Brussels Ibis Regulation
The Brussels Ibis Regulation is to become by far the most prominent cornerstone of the European law of international civil procedure. Its imminence can be easily ascertained by every practitioner even remotely concerned with cross-border work in Europe. However arcane private international law in general might appear to practitioners – the Brussels I Regulation was a well-known and renowned instrument and the Brussels Ibis Regulation will become so as its proper heir. The so called Brussels system has proven its immeasurable and incomparable value for over forty years. The European Court of Justice and the national courts of the Member States have produced an abundance and a treasure of judgments interpreting the Brussels Convention and the Brussels I Regulation. The effort of completing a truly pan-European commentary mirrors the pan-European nature of its fascinating object. This commentary – which of course covers the jurisprudence of the ECJ in a comprehensive manner – assembles a team of very prominent and renowned authors from total Europe. The authors' geographical provenience stretches from Denmark in the North to Italy in the South and from Portugal and the United Kingdom in the West to Austria in the East. Now the time is ripe to start such an enterprise.
This commentary is the first full scale article-by-article commentary in English to address the Brussels Ibis Regulation. It is truly European in nature and style. It provides thorough and succinct in-depth analysis of every single Article and offers most valuable guidance for lawyers, judges and academics throughout Europe. It is an indispensable working tool for all practitioners involved in this field of law.
eBook