Back to Search
Start Over
THE RIGHT TO A FAIR TRIAL AND THE FREE MOVEMENT OF CIVIL JUDGMENTS.
- Source :
-
Croatian Yearbook of European Law & Policy . pro2010, Vol. 6, p23-51. 29p. - Publication Year :
- 2010
-
Abstract
- This paper analyses the role and function of the right to a fair trial in Brussels I. Particular emphasis will be placed on how the European Court of Justice balances the right to a fair trial against the free movement of judgments. This question will be answered in terms of whether the ECJ perceives the right to a fair trial to constitute an autonomous source of obligations or whether it interprets (and if so, how it does so) PIL mechanisms in the light of the requirements of a fair trial. In particular, the paper will analyse to what extent the courts in the Member State addressed may review compliance with the right to a fair hearing of the court originally seized. Finally, the proposal of the European Commission to abolish the exequatur will be examined from a fundamental rights perspective. [ABSTRACT FROM AUTHOR]
- Subjects :
- *CIVIL rights
*FAIR trial
*EXEQUATUR (Ecclesiastical law)
Subjects
Details
- Language :
- English
- ISSN :
- 18455662
- Volume :
- 6
- Database :
- Academic Search Index
- Journal :
- Croatian Yearbook of European Law & Policy
- Publication Type :
- Academic Journal
- Accession number :
- 57465511