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

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. 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 However, The Attainment Of Complete Free Movement Of Civil Judgments, Through Simplification Or Abolition Of These Mechanisms, Became 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 Overview 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. 0with 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. 0monique 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. Introduction -- The Evolution Of Free Movment Of Civil Judgments In The European Union -- Protection Of Fundamental Rights By Eu Instruments On Free Movement Of Civil Judgments -- The Right To A Fair Trial In Civil Cases -- Free Movement Of Judgments And The European Convention On Human Rights -- Free Movement Of Civil Judgments And European Union Fundamental Rights Law -- Towards An 'emergency Brake' In Eu Instruments On Free Movement Of Civil Judgments -- Facilitating Enforcement Of Civil Judgments Across European Union Member States -- Conclusion. Monique Hazelhorst. Includes Bibliographical References And Index. 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 Front Matter....Pages i-xv Introduction....Pages 1-11 Front Matter....Pages 13-13 The Evolution of Free Movement of Civil Judgments in the European Union....Pages 15-62 Protection of Fundamental Rights by EU Instruments on Free Movement of Civil Judgments....Pages 63-114 Back Matter....Pages 115-120 Front Matter....Pages 121-121 The Right to a Fair Trial in Civil Cases....Pages 123-175 Free Movement of Judgments and the European Convention on Human Rights....Pages 177-229 Free Movement of Civil Judgments and European Union Fundamental Rights Law....Pages 231-269 Back Matter....Pages 271-275 Front Matter....Pages 277-277 Towards an ‘Emergency Brake’ in EU Instruments on Free Movement of Civil Judgments....Pages 279-343 Facilitating Enforcement of Civil Judgments Across European Union Member States....Pages 345-412 Conclusion....Pages 413-427 Back Matter....Pages 429-448