Literatura académica sobre el tema "European area of civil justice"
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Artículos de revistas sobre el tema "European area of civil justice"
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Nikolova-Marković, Aleksandra. "Civil judiciary and civil justice". Megatrend revija 19, n.º 3 (2022): 269–86. http://dx.doi.org/10.5937/megrev2202269n.
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The term "civil justice" as used here encompasses a wide range of issues related to civil procedural law, as part of EU legislation such as the "European judicial area" or the "European legal zone", where "judicial cooperation in civil matter" is intended as a means to achieve the greater goal of progressively establishing the "area of freedom, security and justice". Civil judiciary is not limited to the notion of useful "cooperation" between judicial authorities in different Member States in the context of ongoing litigation. Instead, more far-reaching (and politically sensitive) measures are envisaged, such as measures to harmonize the rules of civil procedure and the effects of judicial decisions outside the borders of the Member State making the decision.
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Hess, Burkhard. "The Brussels I Regulation: Recent case law of the Court of Justice and the Commissions proposed recast". Common Market Law Review 49, Issue 3 (1 de junio de 2012): 1075–112. http://dx.doi.org/10.54648/cola2012039.
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The European law of civil procedure is a steady process of evolution and improvement. Marked by growing cooperation between the civil courts of EU Member States, this area of law is now increasingly dominated by judicial competition and by constitutional influences: on the one hand, the judicial systems of the Member States aspire to attract litigation of high value (often by plaintiff-oriented rules), and on the other hand, the European Court of Justice elaborates its case law on the principles of access to justice, free movement of judgments and fair trial in cross-border litigation. At present, the reform of the Brussels I Regulation (Reg. 44/2001) is on the legislative agenda. The main task of the European law-makers is to update the Regulation in order to maintain the sound administration of justice within the European Judicial Area by limiting competition between national judicial systems which does not necessarily correspond to the interests of private litigants. This article describes the ECJ's case law and takes stock of the present state of affairs for the Brussels I Regulation which is the cornerstone of the European law of civil procedure.
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Lenaerts, Koen. "THE CONTRIBUTION OF THE EUROPEAN COURT OF JUSTICE TO THE AREA OF FREEDOM, SECURITY AND JUSTICE". International and Comparative Law Quarterly 59, n.º 2 (abril de 2010): 255–301. http://dx.doi.org/10.1017/s0020589310000023.
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ABSTRACTThe aim of this article is to provide an overview of the European Court of Justice's (‘ECJ’) past and present contribution— both procedurally and substantively—to the Area of Freedom, Security and Justice. While it is too early to speculate what the ECJ's contribution to this area will be under the provisions of the Treaty of Lisbon, which entered into force on 1 December 2009, the latter's modifications to the ECJ's jurisdiction merit close attention. After describing how the procedural limitations that were imposed on the ECJ's jurisdiction by ex Title IV of Part Three of the EC Treaty and by ex Title VI of the old EU Treaty have been almost entirely eliminated by the Treaty of Lisbon, this article posits that not only does the latter Treaty improve significantly the judicial protection of private individuals, but it also facilitates the dialogue between the Union and the national judiciaries in the Area of Freedom, Security and Justice. Next, the article briefly explores the special ECJ procedures which may be followed in the Area of Freedom, Security and Justice in cases where time is of the essence. There, it is argued that, when having recourse to these procedures, the ECJ strives to strike the right balance between, on the one hand, swift judging and, on the other hand, the preservation of a qualitative and fair judicial procedure. As to substantive issues, drawing on examples from the fields of judicial cooperation in civil matters, asylum and judicial cooperation in criminal matters, it is argued that the ECJ's contribution to this area is largely grounded in the protection of fundamental rights. Finally, a brief conclusion supports the contention that the ECJ's contribution to the Area of Freedom, Security and Justice has favoured a ‘mutual borrowing’ of concepts and principles as between this area and other fields in relation to which the EU has competences, such as the internal market and competition. The Treaty of Lisbon having entered into force, an unprecedented level of coordination between different areas of EU law on both the procedural and substantive levels is to take place. Respect for fundamental rights will definitely be a unifying factor binding them all together.
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Đorđević, Saša, Bren Matevž y Bojan Dobovšek. "The Rocky Road of Serbia to the European Union’s Area of Freedom, Security, and Justice". European Journal of Crime, Criminal Law and Criminal Justice 30, n.º 3-4 (27 de diciembre de 2022): 239–65. http://dx.doi.org/10.1163/15718174-bja10034.
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Abstract The article assesses the Serbian Government’s progress in policy areas of the European Union Negotiating Framework for the accession under Chapter 24 – Justice, Freedom, and Security, like migration, asylum, police, customs and judicial cooperation, and the fight against organized crime, terrorism, and drugs. It builds on a research synthesis of monitoring results from 2013 to 2021 by prEUgovor – a coalition of seven civil society organizations with extensive expertise in examining accession negotiation policies. The research findings show that Government’s performance is advanced in policy areas where the European Union’s insistence and political calculation of national policy-makers exist to benefit domestic and international politics. Serbia performs migration and asylum reforms better than policing and fighting organized crime. Police reform is essential for Chapter 24 but is not targeted at the crucial European Union call asking police to be held accountable and immune from organized crime and political influence.
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Douglas-Scott, Sionaidh. "The EU’s Area of Freedom, Security and Justice: A Lack of Fundamental Rights, Mutual Trust and Democracy?" Cambridge Yearbook of European Legal Studies 11 (2009): 53–85. http://dx.doi.org/10.5235/152888712802730585.
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AbstractThe EU’s ‘Area of Freedom, Security and Justice’ is a hugely important area covering criminal law, terrorism, immigration, visa control and civil justice, as well as the massive area of free movement of persons. What is clear, however, is that measures which fall within its scope have the capacity to alienate EU citizens rather than making them feel aware of their European identity in a positive sense. This chapter examines some of the measures taken by the EU in this broad field which cause particular concern, namely a lack of democratic and legal accountability as well as inadequate regard to human rights. It focuses in particular on two areas in which human rights protection in the EU has been undermined. The first is in the field of data protection. The second is in the field of suspects’ rights, particularly in the context of the European arrest warrant. The chapter concludes by considering why so many restrictions on freedom have been allowed to come about and suggests some possible solutions.
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Douglas-Scott, Sionaidh. "The EU’s Area of Freedom, Security and Justice: A Lack of Fundamental Rights, Mutual Trust and Democracy?" Cambridge Yearbook of European Legal Studies 11 (2009): 53–85. http://dx.doi.org/10.1017/s1528887000001543.
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Abstract The EU’s ‘Area of Freedom, Security and Justice’ is a hugely important area covering criminal law, terrorism, immigration, visa control and civil justice, as well as the massive area of free movement of persons. What is clear, however, is that measures which fall within its scope have the capacity to alienate EU citizens rather than making them feel aware of their European identity in a positive sense. This chapter examines some of the measures taken by the EU in this broad field which cause particular concern, namely a lack of democratic and legal accountability as well as inadequate regard to human rights. It focuses in particular on two areas in which human rights protection in the EU has been undermined. The first is in the field of data protection. The second is in the field of suspects’ rights, particularly in the context of the European arrest warrant. The chapter concludes by considering why so many restrictions on freedom have been allowed to come about and suggests some possible solutions.
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Tulibacka, Magdalena. "Europeanization of Civil Procedures: In Search of a Coherent Approach". Common Market Law Review 46, Issue 5 (1 de octubre de 2009): 1527–65. http://dx.doi.org/10.54648/cola2009062.
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Civil procedure is an increasingly important element of the European Union’s legal system. The interest in it, both on the regulatory and on the academic side, has grown considerably. Time has come to re-evaluate the position. While the policy of “judicial cooperation in civil matters” coordinated by the DG Freedom, Security and Justice contains most EU activities in the area, civil procedure is also the subject of attention from various other actors within the EU. Directorates General Internal Market, Competition, or SANCO are involved in regulating civil procedures on sectoral levels. There is little doubt that coordination of domestic civil procedure rules of European Union Member States is necessary to some extent. This paper tackles two important questions: how far should the harmonization of these rules reach, and can its aims be achieved by the approach taken by the EU at present? It emphasizes the recent phenomenon of decentralized harmonization as a particular challenge to the coherence of the EU policy in the area. It sketches a blueprint for a more coherent approach to Europeanization of civil procedures.
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Huber, Daniela y Maria Cristina Paciello. "Contesting ‘EU as Empire’ from Within? Analysing European Perceptions on EU Presence and Practices in the Mediterranean". European Foreign Affairs Review 25, Special Issue (1 de mayo de 2020): 109–30. http://dx.doi.org/10.54648/eerr2020014.
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In a context of ongoing popular resistance in the Arab world, the question of how this has affected the view of the EU’s role in the region by European stakeholders has not yet sufficiently be inquired into. How is the EU – and its presence and practices particularly – perceived within its own core, by its policymakers on one hand, and by the European civil society it also involves in its policies, on the other? Institutional stakeholders see the space the EU occupies in the Mediterranean as rather limited with other powers growing in the region. In contrast to this, resistance of European civil society to the current EU role is growing. Not only is the EU now criticized of massive human rights violation itself, specifically in the area of migration, but its whole development model is called into question, including within Europe itself. At the same time, civil society presents a strong alternative imagination of the EU as a non-colonial presence whose practices are based on a universal human rights approach with a strong focus on socio-economic rights/social justice and the inclusion of a variety of actors. European Union, Mediterranean, civil society, democracy, human rights, resilience
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Salverda, Reinier. "Linguistic Justice and Endangered Languages". Acta Universitatis Sapientiae, European and Regional Studies 9, n.º 1 (1 de octubre de 2016): 39–47. http://dx.doi.org/10.1515/auseur-2016-0006.
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Abstract This contribution will engage with Van Parijs’s approach to linguistic justice and his working principles for the reduction of unfairness in the language domain (in particular, the need for intervention and his territorial principle), reflecting on a range of cases of multilingual practice and linguistic coexistence – respectively, in the multilingual capital of the world which is London today; in Fryslân, the minority language area in northern Netherlands; and in Europe, through its European Charter of Regional Minority Languages. Overall, my argument, on a theoretical level, is for the further exploration of the relationship between linguistic diversity and human rights in civil society; and, on a practical level, for the development of a World Language Atlas as envisaged by UNESCO, containing vital information on all the world’s languages – an urgently needed basic resource for policy-making, to ensure, especially for the world’s many endangered languages, the linguistic justice and fairness advocated by Van Parijs.
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Izarova, Iryna. "Sustainable Civil Justice through Open Enforcement: The Ukrainian Experience". Academic Journal of Interdisciplinary Studies 9, n.º 5 (21 de septiembre de 2020): 206. http://dx.doi.org/10.36941/ajis-2020-0098.
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Ukraine, which is a member of the Council of Europe and is firmly on the path to European integration, develops legislation and legal doctrine with the aim of the implementing European standards. The Association Agreement signed in 2014 set out to put into effect, in particular, the approximation of legislation, the strengthening of judicial cooperation etc. The comprehensive reforms taking place cover various areas of legal regulation, specifically, legal proceedings and the enforcement of judgments. This new legislation in the field of the judicial system was approved in Ukraine in 2015-2017. The low level of trust in the judiciary, inside as well as outside of Ukraine, causes economical relations to suffer increasingly. It impacts inter alia the circulation of judicial decisions between EU Member States and Ukraine, which is not unencumbered by this and may be described as uncertain at best. Regarding all of these, the first part of this paper is about the goal of civil justice definition and defining the enforcement part throughout the process of judicial rights protection in Ukraine. In the second part we are investigating the transitional issues of the creation of an open enforcement system in Ukraine, the challenges and ways to resolve them within the most current trends of sustainable development and inclusive justice. In the conclusion, some theoretical approaches are criticized due to the lack of attention to the very ideas of sustainable justice and a peaceful and strong institutions promotion, which elude the attention of the legislators. The way of its fruition of an open and peaceful judicial enforcement creation through proper goal definition were proposed.
Tesis sobre el tema "European area of civil justice"
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Reichling, Noemie. "Les principes directeurs du procès civil dans l'Espace judiciaire européen". Thesis, Normandie, 2017. http://www.theses.fr/2017NORMC021/document.
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Depuis l’entrée en vigueur du Traité d’Amsterdam, le 1er mai 1999 et la « communautarisation » de la coopération judiciaire civile, l’Union européenne a adopté de nombreux instruments applicables aux litiges transfrontaliers, au point que l’on peut aujourd’hui parler d’un « droit judiciaire privé européen ». Or, il est permis de s’interroger sur les principes qui le gouvernent. Par comparaison, le Code de procédure civile français comprend un chapitre entier consacré aux principes directeurs du procès civil. De l’étude des instruments de l’Espace judiciaire civil européen, quatre principes directeurs ont été identifiés : le principe du contradictoire, le principe du rôle actif du juge, le principe de célérité et le principe du dialogue transfrontalier. Il est alors possible, dans une démarche prospective, de s’interroger sur leur éventuelle consécration en droit de l’Union. Un certain nombre d’obstacles ont été relevés mais aucun ne paraît dirimant. Possible, cette consécration semble également souhaitable. Ses différents apports ont en effet été mis en évidence. Il restait à déterminer la base juridique ainsi que l’instrument normatif de cette consécration. À ce titre, l’article 81 du Traité sur le fonctionnement de l’Union européenne relatif à la coopération judiciaire en matière civile pourrait servir de base juridique. Par ailleurs, c’est lavoie du règlement et non celle de la directive qui a été ici privilégiéeSince the Treaty of Amsterdam entered into force on the 1st of May 1999 and the “communitarisation” of judicial cooperation in civil matters, the European Union has adopted many legal instruments relating to cross-border litigation, to the extent that one can now refer to a distinct “European International Private Law”, the governing principles of which have yet to be defined. By comparison, the French Code of Civil Procedure includes an entire chapter devoted to the governing principles applicable to civil trials. Based on a study of the European civil justice area, four governing principles can be identified: the adversarial principle, the principle of the judge’s active role, the principle of urgency and the principle of cross-border dialogue. In prospective terms, it follows that the possibility of these four principles’ being enacted in EU law is a matter worthy of examination. Several obstacles can be identified, none of which appears to be insuperable. Having been recognised as a possibility, such a consecration also seems desirable on the grounds of its several demonstrable advantages. The legal basis and vehicle of the above-mentioned four principles’ legal enshrinement remain to be determined. In this regard, article 81 of the Treaty on the Functioning of the European Union, pertaining to judicial cooperation in civil matters, couldserve as a legal basis. In terms of implementation, this study also argues in favor of regulations over directives
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Roccati, Marjolaine. "Le rôle du juge national dans l’espace judiciaire européen, du marché intérieur à la coopération civile". Thesis, Paris 10, 2011. http://www.theses.fr/2011PA100182/document.
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Le citoyen de l’Union fait l’objet actuellement d’une attention particulière, se retrouvant notamment au centre du programme de Stockholm récemment adopté sur l’espace de liberté, de sécurité et de justice. Toutefois, la notion du citoyen est trop étroite pour y loger le justiciable européen, déjà visé par la Cour dans son arrêt Van Gend en Loos, bénéficiaire d’une justice européenne qui progresse alors que se développe l’espace judiciaire européen.Dans ce domaine, les normes judiciaires nationales sont encadrées au service d’un droit à une protection juridictionnelle effective et uniforme, qui recouvre deux dimensions : au sein du marché intérieur, il permet la sauvegarde des droits que les justiciables tiennent des normes européennes ; dans le domaine de la coopération civile, il vise à atténuer les obstacles résultant du caractère transfrontière d’un litige. Le juge national est le relais de l’intervention européenne. Son importance grandit au fur et à mesure que les normes judiciaires de l’Union se développent. Il peut le cas échéant adapter son droit national, voire s’affranchir d’éventuelles contraintes. Il devient par ailleurs l’artisan d’une justice horizontale, organisée entre plusieurs juges nationaux, dans le domaine de la coopération civile.Dans l’ordre européen, le juge national n’est pas véritablement encadré par la Cour de justice, en raison des limites inhérentes à la fonction de la Cour et des réserves persistantes qu’opposent les États membres aux normes européennes. La Cour tend par ailleurs à déléguer de plus en plus l’interprétation de certaines notions au juge national. Le rôle du juge national se transforme ainsi en celui d’un véritable égal européenEuropean Union citizens are currently the focus of special attention, notably being central to the Stockholm Programme recently adopted in the area of Freedom, Security and Justice. However, the notion of citizenship is too narrow to include people envisaged by the Court of Justice in its judgment Van Gend en Loos, who are the beneficiaries of a European justice that is expanding as the European Judicial Area develops.In this sphere, national judicial norms are subject to the right to an effective and uniform jurisdictional protection, which has two dimensions: in the Internal Market, it enables the rights derived from European law to be protected; in the field of Civil Cooperation, it tends to reduce obstacles arising from cross-border litigation. The judges in Member States are the intermediaries for European intervention. Their importance increases as European judicial norms develop. The judge in a Member State may, if necessary, adapt, or even depart from the constraints of, national law. Furthermore, he becomes the architect of a truly horizontal justice in the area of Civil Cooperation, in which several national judges participate.In the European legal system, the national judge is not really restricted by the European Court of Justice (ECJ), because of limitations inherent in the Court’s function, and the continuing reservations of Member States opposed to European law. What is more, the European Court increasingly tends to delegate the interpretation of particular concepts to the national judge. Judges in Member States are thus gaining the status of partners equal to the judges of the ECJ in European justice
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Françoise, Marylou. "L'office du juge en conflit de lois : Etude en droit de l'Union européenne". Electronic Thesis or Diss., Lyon, 2021. http://www.theses.fr/2021LYSE3044.
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L’élaboration de règles de conflit de lois uniformes par l’Union européenne accompagne le projet du développement d’un espace européen de justice civile visant à garantir la prévisibilité des litiges. L’uniformisation européenne des règles de conflit de lois ne s’est accompagnée d’aucun régime procédural unifié. L’internationalité du litige et la mise en œuvre de la règle de conflit de source européenne sont ainsi tributaires des ordonnancements procéduraux internes. Si, en droit international privé traditionnel, l’office du juge justifie d’un traitement purement national du fait de sa nature procédurale, l’hétérogénéité des systèmes procéduraux interroge au regard des objectifs poursuivis par l’Union. Plus particulièrement, le caractère optionnel de la règle de conflit généré par un traitement procédural national hétérogène contredit les impératifs d’uniformité et d’effectivité commandés par l’espace judiciaire européen. La création de règles de conflit de lois uniformes ne suffit pas à établir une pratique judiciaire commune.Afin d’assurer le développement d’un espace commun de justice civile, l’uniformisation des règles de conflit de lois doit s’accompagner d’un encadrement procédural général de l’office du juge. La présente étude invite à réfléchir à un modèle d’office européen en conflit de lois, à l’aune de l’européanisation ponctuelle dont fait déjà l’objet la réalisation de la règle de conflit de lois au travers des lois de police et de l’autonomie de la volonté. Il devra être généralisé en systématisant l’application d’office par le juge de la règle de conflit de lois tout en permettant aux parties de se manifester lorsque la règle le permetThe development of uniform choice-of-law rules by the European Union accompanies the project of developing a European area of civil justice the aim of which is guaranteeing the predictability of disputes. The European standardization of choice-of-law rules has not gone along with a unified procedural regime. The internationality of the dispute and the implementation of the conflict rule from European sources consequently depend on internal procedural arrangements. Although the procedural statute of the choice-of-law rule justifies a strictly national treatment because of its procedural nature in traditional private international law, the heterogeneity of the procedural systems raises questions about the objectives pursued by the Union. The optional nature of the choice-of-law rule generated by national procedural treatment, in particular, contradicts the imperatives of uniformity and effectiveness required by the European standard. The creation of uniform conflict-of-law rules does not establish a common judicial practice on its own.To ensure the development of a common area of civil justice, the standardization of choice-of-law rules must go along with a general procedural framework for the procedural statute of the choice-of-law rule. This study suggests us to reflect on a model of a European judicial practice in conflict of laws, in the light of the ad hoc framework that already exists in mandatory provisions and parties’ autonomy. It should be generalized by systematizing an ex officio application of the choice-of-law rule by the judge while allowing the parties to come forward when the rule allows it
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Sayers, Debbie. "Human rights and criminal justice in the European Union : making rights real in the area of freedom, security and justice". Thesis, University of Essex, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.537943.
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KUCUKSU, AYSEL. "The Role of the European Court of Justice in Framing the Principles of Global Distributive Justice through the Area of Asylum". Doctoral thesis, Luiss Guido Carli, 2020. http://hdl.handle.net/11385/204538.
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At the crossroads between political philosophy and law. Research interest and project relevance: the changing nature of forced migration and the rising number of asylum seekers. State of the art: global justice theories on migration and Martha Fineman’s ‘vulnerability thesis’. The idiosyncrasies of the ECJ. The idiosyncrasies of the CEAS as a site of overlapping legalities. Empirical evidence of preoccupation with procedural justice at the ECJ. The ‘vulnerability thesis’: bridging the gap between the disciplines of political philosophy and law.
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Ripoll-Servent, Ariadna. "Shifting sands and changing minds : the role of the European Parliament in the area of freedom, security and justice". Thesis, University of Sussex, 2011. http://sro.sussex.ac.uk/id/eprint/7548/.
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After the extension of the European Parliament's (EP) decision-making powers introduced by the Treaties of Amsterdam and Lisbon, it was assumed that the EP would increase the democratic credentials of the Area of Freedom, Security and Justice (AFSJ) and, given the EP's traditional promotion of civil liberties and human rights, that it would also tip the balance towards a more rights-based approach. Six years on, these expectations have not been fulfilled. The objective of this study is to evaluate why the EP, now a co-legislator, has been unable (or unwilling) to maintain its past policy preferences. In order to understand this gap between expectations and actions, the study looks at three case studies (the ‘Data retention' directive, the ‘Returns' directive and the SWIFT Agreement) and compares the impact that the introduction of more powers for the EP has had on these different episodes. In order to maximise the number of possible explanations, the study uses rational-choice and constructivist institutionalist approaches to identify the reasons behind the change in the policy preferences of the EP. In this sense, it aims to uncover the levels and direction of change as well as the main conditions and drivers that led to the abandonment of its previous policy positions.
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Piorko, Iwona Daria. "Enlarging the area of freedom, security and justice : Poland's accession to the European Union in the field of external border controls". Thesis, University of Sussex, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.424188.
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Norman, Ludvig. "Asyulum and Immigration in an Area of Freedom, Security and Justice : EU policy and the logic of securitization". Thesis, Södertörn University College, School of Social Sciences, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-886.
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The aim of this essayis to show how the issues of asylum and immigration have been formulated as security issues in EU policy by applying a discursive approach to policy analysis and securitization, analyzing selected policy texts produced by the European Commission and the Council for Justice and Home Affairs from 1999 to 2006. The positioning of these issues in the policy domain of 'Freedom, Security and Justice' has facilitated a linkage between these issues and issues like terrorism and organised crime and has enabled a formulation of asylum and immigration according to a logic of securitization. The analysis of policy texts aims at investigating how linkages between issues are represented, how these linkages shape issues, and how the policy, in formulating threats and responses, also represent the EU in very specific ways. Policy from this perspective is not the rational answer to an unambigous reality but rather, highly implicated in its production. An important part of this analysis is drawing out the implications of the policy, in terms of further policy development, as well as how the policy implicates particular ways of dealing with those represented as for instance 'illegal immigrants' or 'illegitimate asylum seekers'.
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Brown, David. "Aspects of the area of freedom, security and justice : assessing the progress made, commitment expressed and legitimacy of the implementation processes of European police co-operation and counter-terrorism". Thesis, University of Aberdeen, 2001. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU602062.
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One of the most significant features of the Third Pillar, which came into being as part of the Treaty of European Union, is the so-called 'implementation gap' between the expectations and aspirations of the member states in this area and the empirical reality. This regularly features in the standard literature on the Third Pillar, yet there has been little detailed research done to either measure or determine the root causes of such an occurrence. Rather than simply accept that such a 'gap' exists, this thesis attempts to measure the implementation gap in two distinct areas of internal security co-operation. These are two of the most under-researched areas within the Third Pillar, namely the development of the European Police Office (and related elements of police cooperation) and progress in the related area of a European counter-terrorist framework. A model of 'perfect implementation' has been devised utilising tests from three distinct schools of decision-making - foreign policy analysis, the implementation school (which has its own distinct subset of literature) and European decision-making. By applying tests in relation to the establishment of objectives, the question of leadership, the scale of the 'sacrifice' made and a detailed analysis of the legislative output of each area, the thesis measures how close the reality is to the ideal. In terms of the nature of objectives, an examination of the clarity and consistency of such aims will be determined at two levels. The overall 'metapolicy' of the Third Pillar - the creation of 'an area of freedom, security and justice'- is compared to the current enlargement process, in order to determine both the meaning of such a concept and to ascertain where the priorities of the member states actually lie. Certain terms used within the European Union and replicated within the literature, such as describing such areas as 'matters of common interest', will be analysed to determine their meaning and their applicability to the empirical reality. As a result, and complimenting the 'Good Governance' initiative of the European Commission, which aims to determine the appropriate level for each of the competencies of the EU, the legitimacy of the European level of decision-making will be examined in each area. In terms of determining the root causes of the 'implementation gap', the solution most commonly offered - both by practitioners and in the secondary literature - relates to the process of communitarisation, which has already begun for the areas such as immigration and asylum and judicial co-operation on civil matters. Yet, in the case of the two case studies examined in this thesis - European police cooperation and the European counter-terrorist framework - communitarisation is not forthcoming, with little mention made of the post-Amsterdam elements of the Third Pillar in the draft Treaty of Nice. As such, the control factor of the institutional framework of the European Union does not apply as directly in either case study. Both have shared the same institutional structure since the inception of the Third Pillar, a structure that is likely to remain untouched by the process of enlargement. Therefore, there is a need to look beyond the potential panacea of communitarisation for other potential explanations as to why greater progress has been made in one area as opposed to the other.
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Khoja, Sara. "The European Union: an area of freedom, justice and security - but for whom? : an examination of the legal status and rights of third country nationals within the European Union and their possible acquisition of European Union citizenship /". Berlin : Mensch & Buch Verl, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/501093729.pdf.
Texto completoLibros sobre el tema "European area of civil justice"
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Differentiated integration at work: The institutionalisation and implementation of opt-outs from European integration in the area of freedom, security and justice. Baden-Baden: Nomos, 2012.
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Immel, Inga. Access to European justice for environmental civil society organizations. Frankfurt am Main: Peter Lang, 2011.
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Elio, Fazzalari y Fortin Pierre, eds. Civil justice in the countries of the European Union. Padova: CEDAM, 1998.
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The many concepts of social justice in European private law. Cheltenham, UK: Edward Elgar, 2011.
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Monar, Joerg. The institutional dimension of the European Union's area of freedom, security, and justice. Bruxelles: P.I.E. Peter Lang, 2010.
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The institutional dimension of the European Union's area of freedom, security, and justice. Bruxelles: P.I.E. Peter Lang, 2010.
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The external dimension of the European Union's area of freedom, security and justice. New York: Peter Lang, 2011.
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Commission, European, ed. Living in an area of freedom, security, and justice: Justice and home affairs in the European Union. Luxembourg: Office for Official Publications of the European Communities, 2001.
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Guild, Elspeth. The European Court of Justice on the European Convention on Human Rights: Who said what, when? London: Kluwer Law International, 1998.
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European internal security: Towards supranational governance in the area of freedom, security and justice. Manchester [U.K.]: Manchester University Press/Palgrave Macmillan, 2010.
Buscar texto completoCapítulos de libros sobre el tema "European area of civil justice"
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Garrido, María Amalia Blandino y Isabel María Villar Fuentes. "Civil and Procedural Law Through the Sustainable Development Goals (SDGs): A Transversal View". En European Union and its Neighbours in a Globalized World, 45–62. Cham: Springer Nature Switzerland, 2023. http://dx.doi.org/10.1007/978-3-031-40801-4_4.
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AbstractThe commitment and responsibility to know and implement the SDGs are universal. Indeed, public authorities and civil society are called to simultaneously be active and passive subjects, protagonists to intervene and recipients of the achievements reached with all the actions that serve any of the 17 proclaimed goals. One way of countering the slow progress is through the joint and coordinated effort of researching and teaching law in universities. With this commitment, this paper aims to analyse how international and EU legislation incorporates sustainability goals related to civil and procedural law. It is based on the consideration that the contents of civil law and procedural law comprise various institutions and regulations that materialise different SDGs. SDG 16: Peace, Justice and Strongs Institutions have a particular impact on these areas and, more specifically, the aspects that relate to several of its targets. However, the legal implications, specifically in civil and procedural law, extend to many other objectives. This is the case of SDG 1, which aims to end poverty, SDG 5, which aims to achieve gender equality and empower all women and girls or SDG 10, whose motto is to Reduce inequality within and among countries, which also impacts civil and procedural aspects. Among the civil and procedural institutions that develop these objectives, we can highlight the regulations that prevent inequalities arising from poverty in access to justice, the recognition of the legal capacity of persons with disabilities or the prohibition of child, early or forced marriages.
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Фурса, Світлана Ярославівна y Євген Іванович Фурса. "Глава 1. Реформа цивільного судочинства в Україні та необхідність її проведення". En Серія «Процесуальні науки», 13–63. Київ, Україна: Видавництво "Алерта", 2023. http://dx.doi.org/10.59835/978-617-566-770-5-1-1.
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Іn the scientific work, the authors made the first warning that during the recodification of civil legislation, it is first necessary to create a new version of the Civil Code of Ukraine (hereinafter – the Civil Code) and only after that start work on the project of the Civil Procedure Code of Ukraine (hereinafter – the Civil Procedure Code of Ukraine). However, work on the improvement of the Central Committee can be carried out in parallel and coordinated with the work on the improvement of the Central Committee, but this is extremely difficult to ensure. The authors believe that when starting work on a new edition of the CPC, one should first form its new structure with the systematization of relevant material, since the provisions of the current CPC are not laid out consistently.The judicial system of Ukraine should work within the limits of the law, but the state should find measures of influence on offenders and the demonstration of the will of the authorities is needed not for a short demonstration period, but on a permanent basis.Access to justice in civil proceedings in Ukraine should be discussed through the prism of whether a person with a minimum wage can protect his rights in court. Obviously not, because he cannot pay the large court fee. And this provision does not meet the requirements of Articles 3 and 55 of the Constitution of Ukraine, nor international standards, in particular, Articles 6 and 13 of the European Convention on the Protection of Rights and Fundamental Freedoms, since low-income citizens are, in fact, deprived of the right to access to justice and protection of their rights. Therefore, it is necessary to revise not only the norms of the Code of Civil Procedure, but also the laws of Ukraine «On court fees» and «On free legal aid».The right to appeal to the court for protection should not depend on the level of the plaintiff’s financial condition, if Ukraine is a rule of law state, but should be guaranteed to every person who needs it.Оne of the main issues of the new CPC project should be coordination and interaction of certain types of civil court proceedings, in particular, such as injunctive and claim, therefore the authors proposed ways to solve these issues.The authors paid a lot of attention to the analysis of minor disputes, the criteria for classifying certain categories of cases as minor. The impossibility of classifying labor disputes as minor is substantiated with reference to the Constitution of Ukraine. A reasoned opinion was expressed regarding the impracticality of paying the same court fee, which is paid in both «significant» and minor cases, taking into account the order of their consideration. It is proposed to improve the civil justice system taking into account Recommendation No. R (95) 5 of 02.07.1995 of the Committee of Ministers of the Council of Europe.list of shortcomings of the current legislation on civil procedure is given. When applied by the court, they should be considered as an abuse of law by the court. If the CPC does not record the court’s duty to respond to every argument of the party, then all other norms are a camouflage for the legally guaranteed arbitrariness of the judicial branch of government, no matter what proceeding we are talking about. If a person is limited in the right to be heard, then what judicial procedure can we talk about...Certain debatable issues are pointed out, which are subject to discussion and resolution when creating a new version of the CPC. The authors believe that the given arguments and arguments should be submitted for public discussion in order for the new version of the Code of Civil Procedure to be better, not worse, than the current regulatory act.But when implementing the idea of updating and recodifying the Central Committee, making changes to the Central Committee will become objectively inevitable, and not only to the Central Committee. The same applies to Ukraine’s accession to the EU, as it will be necessary to bring the CPC into compliance with the recommendations existing in the European community. no But you cannot make random amendments to the adopted draft law, and the introduction of fragmentary amendments quite often leads to an imbalance of the regulatory act as a whole.
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Гулик, Андрій Григорович. "Глава 2. Реформа цивільного судочинства в умовах європейської інтеграції України". En Серія «Процесуальні науки», 64–91. Київ, Україна: Видавництво "Алерта", 2023. http://dx.doi.org/10.59835/978-617-566-770-5-1-2.
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The chapter is devoted to the problems of civil procedure reform in the context of European integration of Ukraine.The author examines the methodological principles of civil procedure reform and notes that thorough work on evaluating civil procedure, identifying the reasons for its unsatisfactory state, and determining the most optimal ways to correct shortcomings and increase the effectiveness of civil procedural activity should be based on a solid foundation of scientific knowledge about methods and techniques of studying legal phenomenon. Without the definition of proper methods and techniques of knowledge of civil procedure, their systematic use, qualitative updating of civil procedural legislation is impossible. The researcher substantiates the need to introduce uniform methodological approaches as the basis of justice reform in civil cases.The principles of civil procedure are analyzed as key characteristics of the model of civil procedural activity. The scientist critically evaluates the current legislative decision regarding the proposed system of civil procedure principles; proves that the Europeanization of domestic civil procedure will be of decisive importance for the formation of a new system of its principles. A new system of civil procedure principles will be built around the rule of law. In this case, we are talking about several aspects of understanding the rule of law: normative, which reflects the peculiarities of the sources of civil procedural law and its system; institutional, which provides mechanisms for the interaction of participants in the legal process and the court, in particular, effective means of legal protection, judicial powers, procedural guarantees; instrumental, related to the creation of a fair judicial procedure, which covers the determination of the limits of the initiative and competitiveness of the parties, the criteria of lawful and conscientious procedural behavior; social, which is important in ensuring the accessibility of the court, the enforceability of the court decisions, and the publicity of the trial.The researcher substantiates the directions of reforming preparatory court procedures. He notes that theoretical and applied studies of the stage of preparation of civil cases for trial should be aimed at substantiating the qualitative originality of the civil procedural activity being carried out and procedural means of increasing its effectiveness. This will contribute to clarification or other determination by the legislator of the content of individual preparatory actions, their separation, and in a broader sense – proper law enforcement. The author examines some problematic aspects of preparatory court procedures that reflect the author’s ideas regarding the concentration of court evidence and the reconciliation of the parties as a possible direction for reforming the national civil procedure system.
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Leuffen, Dirk, Berthold Rittberger y Frank Schimmelfennig. "The Area of Freedom, Security and Justice". En Integration and Differentiation in the European Union, 337–76. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-76677-1_10.
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Pelikánová, Irena. "Soutěžní právo, podnik jako subjekt nebo objekt". En Pocta prof. Josefu Bejčkovi k 70. narozeninám, 143–74. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0094-2022-6.
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This article attempts to explain the concept of “undertaking” in European law, especially in the jurisprudence of the Court of Justice. The problem is whether an undertaking should be considered a subject (person) or an object in EU Competition law. My contention is that the Court of Justice confuses these concepts. On the one hand it alleges that only enterprises are subjects but on other hand, it examines the responsibility of the parent company and its subsidiaries inside an enterprise. Companies are the exclusive addressees of the Commission‘s Decisions. The second problem examined concerns decisions imposing joint and several liability for fines on companies inside a liable enterprise. The Court has refused to rule on the division of fines stating that this is the exclusive competence of the national judge. However, national courts have raised many questions regarding competence and applicable law. This contribution also considers the Advocate General’s Opinion in Sumal, in which he states that although the Commission is free to decide who will pay the fine when an enterprise is sanctioned, in the framework of civil responsibility litigation, the national judge can decide that a company not designated in the Commission decision is liable. The judgement Sumal follows the Opinion. My article concludes by raising some theoretical questions relating to the topic.
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Buonanno, Laurie y Neill Nugent. "The Area of Freedom, Security and Justice". En Policies and Policy Processes of the European Union, 226–50. London: Macmillan Education UK, 2013. http://dx.doi.org/10.1007/978-1-137-30527-5_12.
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Sieberson, Stephen C. "The Area of Freedom, Security and Justice". En Dividing Lines Between the European Union and Its Member States, 215–25. The Hague: T.M.C. Asser Press, 2008. http://dx.doi.org/10.1007/978-90-6704-431-8_17.
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Maralbaeva, Aliia y Chiara Pierobon. "Ending Gender-Based Violence in Kyrgyzstan: Reflections on the Spotlight Initiative". En Securitization and Democracy in Eurasia, 201–15. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-16659-4_13.
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AbstractThe Spotlight Initiative (SI) is a new global, multi-year initiative launched by the European Union (EU) in cooperation with the United Nations (UN), with the aim of eliminating all forms of violence against women and girls (VAWG) worldwide. Since 2019, Spotlight has been implemented in Kyrgyzstan, where more than 6.5 million US dollars have been allocated to recipient UN Organizations such as UN Women, UNDP, UNPFA, UNICEF and UNODC for the conduct of activities across the initiative’s six outcome areas. This chapter familiarizes the reader with the phenomenon of domestic violence in Kyrgyzstan and with the major legal and institutional barriers hindering access to justice on behalf of female victims of domestic violence. It then examines how the SI has sought to improve access to justice on behalf of female victims of domestic violence by stimulating ownership of an array of state and non-state actors engaged in addressing domestic violence from a legal perspective. The research uses a mixed-method approach, combining a legal analysis of national legislation, an analysis of 280 court judgements on domestic violence and expert interviews with implementers of the Initiative, as well as policy and legal experts, lawyers and civil society activists engaged in the field of VAWG. The study provides recommendations on how to improve the national legislation concerning domestic violence in Kyrgyzstan as well as the implementation of the Spotlight Initiative in the country and beyond.
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Wessels, Wolfgang. "The Area of Freedom, Security and Justice: Pre-Constitutional and Pre-Legislative Functions". En The European Council, 227–36. London: Macmillan Education UK, 2016. http://dx.doi.org/10.1007/978-1-137-54335-6_15.
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Poblet, Marta, Josep Suquet, Antoni Roig y Jorge González-Conejero. "Building Semantic Interoperability for European Civil Proceedings Online". En The Circulation of Agency in E-Justice, 287–308. Dordrecht: Springer Netherlands, 2013. http://dx.doi.org/10.1007/978-94-007-7525-1_12.
Texto completoActas de conferencias sobre el tema "European area of civil justice"
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Bodul, Dejan y Hana Porobija. "IZVOĐENjE DOKAZA VJEŠTAČENjEM U PARNIČNOM POSTUPKU: ostvaruju li se načela vladavine prava?" En XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.975b.
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The paper deals with the issues of control of court experts in civil proceedings by the court as well as the question of how much the civil court really manages the expertise. The analysis of the judicatures points to practical problems arising from expertise in civil proceedings, in parallel detecting the reasons for such problems in expert proceedings both in the Republic of Croatia and in the European Union. Individual characteristic cases from practice are the subject of qualitative research because the intention of the analysis was twofold. On the one hand, identify concrete examples of unethical behaviour, and on the other hand, use the method of abstraction and indicative method of establishing facts to point out to systematic gaps that may pose a risk of unethical behaviour in the justice sector, regardless of existing mechanisms to strengthen judicial integrity. For the purpose of the analysis, telephone interviews were conducted among judges, lawyers and court experts. The conducted interviews of targeted respondents serve to further verify the credibility of the results of this analysis. The collected data indicate practical problems in the implementation of certain legal solutions. The perspective of the interviewed interlocutors is based on the knowledge and experience gained in practice, which is certainly an important factor in assessing the improvement, but also the degree of optimization of the existing legal framework of the subject-matter complex of problems.
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Dashin, Aleksey, Elena Simatova, Anatoly Shapovalov y Gennady Pratsko. "Principles of international law as source of regulating contractual relations complicated by foreign elements". En East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.rahd1545.
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This research is dedicated to the problem of essence and classification of international private law principles applicable to international private contracts. It studies existing doctrinal opinions towards systematization criteria of international private law principles including that in relation to other branches of law. The authors come to the conclusion on the essence and characteristics of those international private law principles that are applied to contractual relations complicated by a foreign element and that are reflected in the international practice. By subdividing the international private law principles by extent of relation to primary regulation methods (collision law and material law) and taking into account a close tie of this law branch with other branches, in particular, international public and civil law, given the goals of this research, the authors come to the conclusions that regulation of trans-border contractual relations correspond to the following principles: justice, good faith and rationality of participants of legal relations; autonomy of parties’ will; the closest tie. The substantiation of the above gives quotes of international documents widely spread as lex mercatoria – UNIDROIT principles, principles of the European contractual law, and Hauge principles of law selection as applicable to international commercial contracts.
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Zeleznik, Nadja, Johan Swahn, Jan Haverkamp, Niels Henrik Hooge, Malcolm de Butler, Michal Daniska y Colin Wales. "Transparency in Establishment of National Radioactive Waste Facilities - Criteria, Cases, Recommendations". En ASME 2023 International Conference on Environmental Remediation and Radioactive Waste Management. American Society of Mechanical Engineers, 2023. http://dx.doi.org/10.1115/icem2023-109822.
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Abstract The Civil Society (CS) experts involved in the ROUTES work package (Waste Management routes in Europe from cradle to grave) of the EURAD programme investigated how the pillars of the Aarhus convention together with a broader understanding of Transparency and Public Participation (T&PP) are transposed into Radioactive Waste Management (RWM) in the establishment of Radioactive Waste (RW) facilities, primarily geological disposal, in different national contexts. The criteria for T&PP in the development of national RW facilities are proposed and based on the RW Directive, the Aarhus Convention and the CS BEPPER report. To obtain a broader understanding of the positions of different actors engaged in RWM, a questionnaire was submitted to ROUTES members and to the CS larger group. The focus of the questionnaire concerns transparency in the establishment of national RW facilities and included five topics: effective access to information, public participation, justice (Aarhus Convention), resources (BEPPER report) and T&PP in the development of the national programmes on RWM submitted to the European Commission pursuant to the RW Directive. Nine national cases from advanced and early stage RW programmes (Czech Republic, Denmark, Germany, Greenland, France, The Netherlands, Slovakia, Sweden and United Kingdom) are presented and discussed within the context of the pillars of good T&PP. Finally, a quality assessment is provided with lessons learned and general recommendations from the case studies, focusing on how interaction with CS could more generally and robustly contribute to the establishment of national RW facilities.
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Pauly, Michael. "Rozhodnutí Rady EU – žaloba České republiky ve světle rozhodnutí o relokaci a žaloby s ním související". En Nestandardní bezpečnostní situace: ústavní, mezinárodní a evropský pohled. Západočeská univerzita v Plzni, 2021. http://dx.doi.org/10.24132/zcu.2021.09228.214-230.
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First of all, the thesis provides a general analysis of EU Council Decisions no. 2015/1523 and no. 2015/1601, which were accepted with the goals of solving the migration crisis, establoshing relocation quotas and tackling asylum seekers, who were apparently motivated by the provision of international protection of such persons from the Hellenic Republic and the Italian Republic. Furthermore, the paper defines the basic concepts related to the issue, especially asylum, asylum seeker, relocation, relocation order, Dublin system and the like. From the point of view of the material discussed, the paper outlines the basic contours of the Lisbon Treaty, the causal link between the adoption of the Lisbon Treaty and the legal binding effect of relocation quotas for EU Member States. Treaty on the Functioning of the European Union (TFEU), which newly introduces shared competences in the areas of asylum, migration, external border control and police and judicial cooperation in criminal and civil mattersis also part of the analysis. Following the above interpretation, the paper examines the action against the Czech Republic brought by the European Commission on 22 December 2017 for alleged breach of the Czech Republic‘s relocation obligations and the proceedings. In addition, the action brought by the Republic of Hungary, the Slovak Republic and the Republic of Poland (intervening) is requesting a ruling from the Court of Justice of the EU to set the decision of the EU Council of 22 September 2015 under No. 2015/1601, which is laying down mandatory migration quotas for member states aside
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Koroied, S. O. "The phenomenon of procedural formalism in the judicial practice of civil justice". En DEVELOPMENT TRENDS IN LEGAL SCIENCE AND EDUCATION OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION. Baltija Publishing, 2023. http://dx.doi.org/10.30525/978-9934-26-372-9-15.
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Mitrović, Ljubinko y Jelena Kuprešanin. "JUSTICE FOR CHILDREN IN JUSTICE SYSTEM OF BOSNIA AND HERZEGOVINA- REFLECTION ON EUROPEAN LAW IN AREA OF HUMAN RIGHTS". En EU LAW IN CONTEXT – ADJUSTMENT TO MEMBERSHIP AND CHALLENGES OF THE ENLARGEMENT. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2018. http://dx.doi.org/10.25234/eclic/7104.
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Dauster, Manfred. "Criminal Proceedings in Times of Pandemic". En The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.
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COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.
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Vasyliev, Volodymyr. "PURPOSE OF FORENSIC EXAMINATION IN CIVIL AND ECONOMIC PROCEEDINGS: PROBLEMS OF THEORY AND PRACTICE". En Priority Development Fields of the European Research Area. Publishing House “Baltija Publishing”, 2020. http://dx.doi.org/10.30525/978-9934-588-84-6-11.
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Hadzhiyska, Adelina. "FOR THE "CIVIL CONFISCATION" OF ILLEGALLY ACQUIRED PROPERTY AND THE ENGEL CRITERIA". En 15 YEARS OF ADMINISTRATIVE JUSTICE IN BULGARIA - PROBLEMS AND PERSPECTIVES. University publishing house "Science and Economics", University of Economics - Varna, 2022. http://dx.doi.org/10.36997/ppdd2022.284.
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This article aims to analyze civil confiscation in the context of the ECtHR's autonomous interpretation of the concept of "criminal charge". In this regard, the approved algorithm for verification is subjected and an assessment is made whether the so-called "civil confiscation" is criminal in nature. Attention is also paid to the legislative approach in settling this type of confiscation in accordance with the set minimum standards of European Union law.
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Габазов, Тимур Султанович y Аюб Бисланович Сулейманов. "THE HISTORY OF THE DEVELOPMENT OF CIVIL JUSTICE IN RUSSIA BEFORE THE ERA OF THE GREAT REFORMS". En Социально-экономические и гуманитарные науки: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Апрель 2021). Crossref, 2021. http://dx.doi.org/10.37539/seh296.2021.55.91.009.
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В настоящей статье рассматривается историко-правовое зарождение гражданского судопроизводства в России. Затрагивается важнейшая сфера научного исследования процессов формирования судебных органов и судейского сообщества в России в целом. Предельно точно указаны временные отрезки наиболее значимых и ключевых изменений происходивших в судопроизводстве в тот или иной исторический период Российского государства. А также акцентируется внимание на необходимости изучения данных явлений, так как они могут стать важной основной для дальнейшего развития гражданского судопроизводства в России. This article examines the historical and legal origin of civil proceedings in Russia. The most important area of scientific research of the processes of formation of judicial bodies and the judicial community in Russia as a whole is touched upon. The time periods of the most significant and key changes that took place in legal proceedings in a particular historical period of the Russian state are indicated with extreme precision. It also focuses on the need to study these phenomena, since they can become an important basis for the further development of civil proceedings in Russia.
Informes sobre el tema "European area of civil justice"
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Devlin, Robert. The Free Trade Area of the Americas and MERCOSUR-European Union Free Trade Processes: Can They Learn Something from Each Other? Inter-American Development Bank, diciembre de 2000. http://dx.doi.org/10.18235/0008679.
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The FTAA process itself has already generated important positive externalities for the hemisphere and the multilateral system. It has provided a regular forum in which 34 countries'; trade delegations have gotten to personally know each other better on a first name basis. This increasing personal espirit des corps not only has enhanced the FTAA process, but has also provided a new stage for resolving bilateral trade issues and undertaking new initiatives. Since the baseline for the FTAA is the WTO disciplines, FTAA meetings have been a learning laboratory for many delegations regarding the complex Uruguay Round obligations and other areas not yet contained therein (e.g., Competition Policy and mechanisms for communication with Civil Society). The Preparatory Stage also generated many comparative databases and inventories on trade-related issues among the 34, increasing intergovernmental transparency in trade relations. Moreover, thanks to the release of most of this information to the public, this transparency has been transmitted to private markets as well. Independently of whether an FTAA is actually realized in 2005, it has steady marched forward to date. The success raises the question about whether there are lessons for other ambitious transcontinental, or interregional, trade initiatives. More specifically, are there lessons for the just initiated MEU trade negotiations? Alternatively, are there possible lessons from the MEU approach for the FTAA process? The purpose of this paper is to preliminarily address these questions. There are serious limitations to doing so, however. First, the FTAA process is relatively advanced with more than 5 years of intense work behind it, yet it is still very incomplete and it remains to be seen whether the ultimate objective of a free trade area (FTA) is achieved. Meanwhile, the MEU negotiations have just begun in earnest. Hence, the evaluation of the former is based on an advanced process with incomplete outcomes, while the evaluation of the latter is based on only very initial steps of a process. The economic and political contexts of the two negotiation processes are quite different as well.
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Estevadeordal, Antoni y Ekaterina Krivonos. Negotiating Market Access between the European Union and MERCOSUR: Issues and Prospects. Inter-American Development Bank, diciembre de 2000. http://dx.doi.org/10.18235/0008654.
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The European Union (EU) and MERCOSUR are the largest and most influential regions, both by population and in terms of size of the economy, of their respective continents. The renewed priority given to biregional cooperation launched by the Inter-Regional Framework Agreement signed in 1995 is based on deep historical, political, economic and cultural links between the two regions. The potential advantages of an agreement that will foster a process of dynamic cooperation are enormous, ranging from political influence to economic returns, including the gains from comparative advantage, expanding markets, improved environment for investments, and positive spillovers on human and social capital, democracy, and justice. A free trade agreement between the two regions should also be evaluated in the context of the new regionalism initiatives taking place around the world, in particular the Free Trade Area of the Americas (FTAA) negotiations and the process of enlargement and deepening of the two regional blocs. The objective of this paper is to offer an X-ray of the current status of existing market access provisions both in MERCOSUR and the EU. This is an important and necessary first step to identify the key issues facing market access negotiators from the very outset of the negotiations. As has already been agreed during the first meeting of the European Union - Mercosur Biregional Negotiations Committee, one of the first tasks of the Technical Group charged with market access issues will be the exchange of information in the areas of tariff and non-tariff measures. This initial exchange of information among negotiating parties usually plays a key role in the overall formulation of each party's negotiating strategy. This paper attempts, using mostly secondary sources and data compiled by international agencies, to take a seat at the negotiating table and provide the best snapshot possible of the situation. In this regard, it is important to stress that the information used and analyzed in this paper should not be taken in any way as the official picture of the market access profiles of each region.
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Murphy, Keire y Anne Sheridan. Annual report on migration and asylum 2022: Ireland. ESRI, noviembre de 2023. http://dx.doi.org/10.26504/sustat124.
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Annual Report on Migration and Asylum gives overview of statistics and developments in migration in 2022. The European Migration Network (EMN) Ireland within the ESRI has published its annual review of migration and asylum in Ireland. The EMN is an EU network that provides objective, comparable policy-relevant information on migration and international protection. EMN Ireland is located in the ESRI and is funded by the European Union and the Department of Justice. With an overview of the latest data as well as policy and operational developments, research, and case law from 2022, this report is a comprehensive reference that gives an opportunity to view the entire migration landscape in Ireland. The report shows that many forms of migration are recovering quickly from COVID-19 travel restrictions. It also shows that migration is being impacted by shortages in the labour market and the Russian invasion of Ukraine. As a result of these developments and others, Ireland saw a significant increase in immigration, with 141,600 people arriving in the year leading up to April 2023, according to CSO figures. This represents a 31% increase from the year to April 2022. However, emigration also increased, with 64,000 individuals leaving Ireland during the same period, marking a 14% increase from the previous year. 2022 saw a significant increase in first residence permits (which are granted to migrants from outside the EEA) from 2021. 85,793 permits were issued in 2022, with education the most common reason for permits (48%). Partially reflecting changes to eligible occupations for employment permits, the number of employment permits issued was the highest in the last 10 years. 39,995 employment permits were issued, with the information and communication sector the largest recipient of permits. Key developments in this area highlighted by the report include discussions on and progress with the Employment Permits Bill, changes to the Atypical Working Scheme, plans for a single application procedure for employment permits and immigration permissions, and changes to employment permits occupation lists to respond to labour market shortages. The report analyses international protection, showing significant increases in international protection applications as well as details of applications, decisions made, and statuses awarded. It shows an expansion of decision-making in response to increased applications. Looking at the broader EU situation, the report shows that applications for international protection in Ireland accounted for 1.3% of the EU total in 2022. The report also details the pressure on the reception and accommodation system for international protection applicants and beneficiaries of temporary protection, as well as the extraordinary measures taken to scale these up. It highlights measures taken to implement the White Paper to End Direct Provision and informs on a review of timelines of the plan. It discusses changes made by the International Protection Office to speed up processing, and criticism of these measures by NGOs, as well as details of the regularisation scheme for undocumented migrants and the humanitarian admission of Afghans. The Temporary Protection Directive – an EU Directive that creates an exceptional measure to provide immediate and temporary protection in the event of a mass influx of displaced persons – was triggered for the first time in March 2022, following the Russian invasion of Ukraine. As a result, the report includes a dedicated chapter with statistics relating to arrivals and a detailed overview of Ireland’s response to displaced persons from Ukraine. It also gives a comprehensive overview of other areas of migration, as well as research and case law from 2022, providing a crucial reference text for anyone working in the area.
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Civil Works R&D Value to the Nation : 2023 Edition. Engineer Research and Development Center (U.S.), marzo de 2023. http://dx.doi.org/10.21079/11681/46532.
Texto completoResumen
USACE Civil Works research and development contributes to the strength of the nation by providing innovative and environmentally sustainable solutions to the nation’s water resources challenges in navigation, flood and coastal risk reduction, and the environment. R&D also provides technologies to advance USACE hydropower and water supply missions. Our state-of-the-art technologies help improve the safety and resiliency of communities and infrastructure and help American goods compete in the global marketplace. USACE R&D helps the Corps manage existing water resources infrastructure sustainably, in the face of expected climate change, land use change, invasive and nuisance species, demographic shifts, and aging infrastructure, to meet the needs of future generations. The Civil Works Value to the Nation book highlights examples of how R&D improves the design, assessment, operation, maintenance and rehabilitation of our nation’s water resources infrastructure, mitigates climate change and improves water resilience, along with the broadening benefits of research in the area of environmental justice.