Author : Vesna Rijavec
Publisher :
Page : 254 pages
File Size : 24,83 MB
Release : 2020-06-15
Category :
ISBN : 9781780687773
The volume addresses the enforcement of judgments and other authentic instruments in a European cross-border context, as well as enforcement in a selection of national European jurisdictions.
Author : Elena D'Alessandro
Publisher :
Page : 0 pages
File Size : 15,96 MB
Release : 2021
Category : Conflict of laws
ISBN : 9781780689692
How to choose the most beneficial enforcement regime for cross-border claims of a client? A question considerably complicated by (1) the existence of various European Union enforcement tools and (2) particularities in the national legal systems that impact on the operation and suitability of the various enforcement tools. This book compares and analyses the practical utility and potential pitfalls of the 2nd generation regulations (European Enforcement Order, European Order for Payment, European Small Claims Procedure and European Account Preservation Order) and their relation to Brussels Ibis. The work is based on an extensive evaluation of case law (published and unpublished), empirical data and literature from eight Member States (Belgium, France, Germany, Italy, Luxembourg, The Netherlands, Poland, Spain) and the Court of Justice of the European Union.
Author : Thomas Papadopoulos
Publisher : Springer
Page : 503 pages
File Size : 22,57 MB
Release : 2020-10-08
Category : Law
ISBN : 9783030227555
This edited volume focuses on specific, crucially important structural measures that foster corporate change, namely cross-border mergers. Such cross-border transactions play a key role in business reality, economic theory and corporate, financial and capital markets law. Since the adoption of the Cross-border Mergers Directive, these mergers have been regulated by specific legal provisions in EU member states. This book analyzes various aspects of the directive, closely examining this harmonized area of EU company law and critically evaluating cross-border mergers as a method of corporate restructuring in order to gain insights into their fundamental mechanisms. It comprehensively discusses the practicalities of EU harmonization of cross-border mergers, linking it to corporate restructuring in general, while also taking the transposition of the directive into account. Exploring specific angles of the Cross-border Mergers Directive in the light of European and national company law, the book is divided into three sections: the first section focuses on EU and comparative aspects of the Cross-border Mergers Directive, while the second examines the interaction of the directive with other areas of law (capital markets law, competition law, employment law, tax law, civil procedure). Lastly, the third section describes the various member states’ experiences of implementing the Cross-border Mergers Directive.
Author : Martin A. Schain
Publisher : Oxford University Press
Page : 313 pages
File Size : 28,53 MB
Release : 2019-08-15
Category : Political Science
ISBN : 0190054638
In our globalized world, borders are back with a vengeance. New data shows a massive increase of walls and barriers between countries after 2001. However, at the same time, the flow of people and the growth of trade have continued at impressive rates, and arguments for more open borders remain relevant. In The Border, Martin Schain compares how and why border policy has become increasingly important, politicized, and divisive in both Europe and the United States. Drawing from an intensive analysis of documents and interviews, he argues that border control is a growing international movement. In Europe, the European Union is under scrutiny, and many countries seek to block the entry of asylum-seekers from wars in the Near East. In the US, Donald Trump pledged to build a wall along the Mexico border, restricted the entry of Syrian asylum-seekers, and more generally tried to ban Muslim immigration. Moreover, on both sides of the Atlantic, trade barriers appear in the political agendas of major parties. Schain delves into these interlinked phenomena, showing that migration, identity, and trade have been packaged and transformed into hotly contested issues of border governance and control.
Author : Vesna Lazic Lazić
Publisher : Edward Elgar Publishing
Page : 603 pages
File Size : 43,54 MB
Release : 2023-08-14
Category : Law
ISBN : 1800370156
The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its interpretation and application.
Author : Vesna Rijavec
Publisher : Springer Nature
Page : 401 pages
File Size : 22,70 MB
Release : 2023-12-30
Category : Law
ISBN : 3031471083
This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects. Divided into five parts, the book offers first some general considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions. This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.
Author : Simon Vorburger
Publisher : Kluwer Law International
Page : 328 pages
File Size : 24,1 MB
Release : 2014
Category : Law
ISBN : 9789041154194
In the wake of the recent economic downturn, an increasing number of parties to international arbitrations have become subject to insolvency proceedings. The consequences of such intersection of international arbitration and cross-border insolvency are unclear. Transnational inconsistencies and difficulties continue to emerge, and in many ways the debate regarding how to deal with cross-border insolvency questions in arbitration is just beginning.
Author : Apostolos Anthimos
Publisher : Edward Elgar Publishing
Page : 379 pages
File Size : 37,54 MB
Release : 2023-06-01
Category : Law
ISBN : 1800884028
Presenting a systematic article-by-article commentary on the European Service Regulation (recast), and written by renowned experts from several EU Member States, this book gives guidance for the proper understanding and practical operation of cross-border judicial cooperation in civil and commercial matters within the EU.
Author : Ariane Chebel D'Appollonia
Publisher : University of Pittsburgh Press
Page : 500 pages
File Size : 39,56 MB
Release : 2008-05-01
Category : Political Science
ISBN : 9780822973386
Recent acts of terrorism in Britain and Europe and the events of 9/11 in the United States have greatly influenced immigration, security, and integration policies in these countries. Yet many of the current practices surrounding these issues were developed decades ago, and are ill-suited to the dynamics of today's global economies and immigration patterns. At the core of much policy debate is the inherent paradox whereby immigrant populations are frequently perceived as posing a potential security threat yet bolster economies by providing an inexpensive workforce. Strict attention to border controls and immigration quotas has diverted focus away from perhaps the most significant dilemma: the integration of existing immigrant groups. Often restricted in their civil and political rights and targets of xenophobia, racial profiling, and discrimination, immigrants are unable or unwilling to integrate into the population. These factors breed distrust, disenfranchisement, and hatred-factors that potentially engender radicalization and can even threaten internal security.The contributors compare policies on these issues at three relational levels: between individual EU nations and the U.S., between the EU and U.S., and among EU nations. What emerges is a timely and critical examination of the variations and contradictions in policy at each level of interaction and how different agencies and different nations often work in opposition to each other with self-defeating results. While the contributors differ on courses of action, they offer fresh perspectives, some examining significant case studies and laying the groundwork for future debate on these crucial issues.
Author : Raphael Bossong
Publisher : Springer
Page : 244 pages
File Size : 14,28 MB
Release : 2016-02-19
Category : Political Science
ISBN : 3319175602
This edited volume analyzes recent key developments in EU border management. In light of the refugee crises in the Mediterranean and the responses on the part of EU member states, this volume presents an in-depth reflection on European border practices and their political, social and economic consequences. Approaching borders as concepts in flux, the authors identify three main trends: the rise of security technologies such as the EUROSUR system, the continued externalization of EU security governance such as border mission training in third states, and the unfolding dynamics of accountability. The contributions show that internal security cooperation in Europe is far from consolidated, since both political oversight mechanisms and the definition of borders remain in flux. This edited volume makes a timely and interdisciplinary contribution to the ongoing academic and political debate on the future of open borders and legitimate security governance in Europe. It offers a valuable resource for scholars in the fields of international security and migration studies, as well as for practitioners dealing with border management mechanisms.
