Enforcement Agency Practice in Europe

Overview

How far away is Europe from an area of 'free movement' of judgments in the same way that there is free movement of goods, persons, services and capital? Just as the free movement of goods has required the harmonization of standards relating to the manufacture and distribution of goods, the free movement of judgments will require the harmonization of procedural standards and the creation of new interfaces between systems. Focus has been on the mutual recognition of judgments. The next stage is the actual ...
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Overview

How far away is Europe from an area of 'free movement' of judgments in the same way that there is free movement of goods, persons, services and capital? Just as the free movement of goods has required the harmonization of standards relating to the manufacture and distribution of goods, the free movement of judgments will require the harmonization of procedural standards and the creation of new interfaces between systems. Focus has been on the mutual recognition of judgments. The next stage is the actual enforcement of a legally enforceable judgment, and this book is the first major contribution to comparative scholarship on this topic. The differences between the systems of civil procedure in the European Member States are deep-seated and relate in particular to different approaches to judicial organization. The development of appropriate rules for the European Judicial Area is a complex task. Practitioners typically do not have the time or the incentive to explore the reasons for the difficulties they face in cross-border disputes. Policy makers lack input from practitioners. A framework needs to be created where detailed comparative information can be provided on subjects that are of interest to policy makers so that structural differences can be properly taken into account. This book examines the structure, status and procedures of enforcement agencies in Europe and the implications for individuals and companies in seeking to enforce a judgment in the European Judicial Area.
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Product Details

  • ISBN-13: 9780903067690
  • Publisher: British Institute of International & Comparative Law
  • Publication date: 10/1/2005
  • Pages: 399
  • Product dimensions: 6.40 (w) x 9.30 (h) x 1.80 (d)

Table of Contents

1 Introduction 1
2 National paradigms of civil enforcement : mutual recognition or harmonization in Europe? 7
3 Comparative analysis of the national reports 25
4 Efficiency in the methods of enforcement of judgments : public vs private systems 47
5 Market integration, the harmonization process, and enforcement practices in the EU member states 53
6 Austria 105
7 England and Wales 131
8 France 155
9 Germany 169
10 The Netherlands 195
11 Spain 215
12 Sweden 229
13 Harmonization and mutual recognition : how to handle mutual distrust 245
14 Can there be a European bailiff? 253
15 Minimum procedural standards for enforcement of provisional and protective measures at European level 265
16 English private international law aspects of provisional and protective measures 287
17 The impact of the European convention on human rights and fundamental liberties on enforcement practices 303
18 The impact of the European convention on enforcement practices in England and Wales 335
App Comparative analysis of the case studies on unlawful enforcement 343
National case studies
App Austria 351
App England and Wales 358
App France 370
App Germany 372
App The Netherlands 379
App Spain 381
App Sweden 385
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