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

  • Monique Hazelhorst

Table of contents

  1. Front Matter
    Pages i-xv
  2. Monique Hazelhorst
    Pages 1-11
  3. Evolution of Free Movement of Civil Judgments in Europe and the Role of Fair Trial

    1. Front Matter
      Pages 13-13
    2. Back Matter
      Pages 115-120
  4. The Framework for the Protection of the Right to a Fair Trial in Europe

    1. Front Matter
      Pages 121-121
    2. Monique Hazelhorst
      Pages 123-175
    3. Back Matter
      Pages 271-275
  5. How to Effectively Protect Fair Trial in the Context of Free Movement of Civil Judgments

    1. Front Matter
      Pages 277-277
    2. Monique Hazelhorst
      Pages 413-427
  6. Back Matter
    Pages 429-448

About this book

Introduction

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.

Keywords

Free movement of civil judgments Recognition and enforcement Right to a fair trial Mutual recognition Fundamental rights

Authors and affiliations

  • Monique Hazelhorst
    • 1
  1. 1.Academic Researcher at the Supreme Court UtrechtThe Netherlands

Bibliographic information

  • DOI https://doi.org/10.1007/978-94-6265-162-3
  • Copyright Information T.M.C. Asser Press and the author 2017
  • Publisher Name T.M.C. Asser Press, The Hague
  • eBook Packages Law and Criminology
  • Print ISBN 978-94-6265-161-6
  • Online ISBN 978-94-6265-162-3
  • Buy this book on publisher's site