The Enforcement of Judgments in Europe

Hardcover | December 15, 2000

byWendy Kennett

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The idea of a European Judicial Area has gathered force since the negotiation of the Amsterdam Treaty amending the TEU and conferring competence on the European Community in relation to measures of 'judicial cooperation'. One of the areas targeted for rapid attention is improvement in therecognition and enforcement of civil judgments in Europe - with plans for the mutual recognition of judgments.This book (i) explains the significance of the fact that judicial cooperation now falls within the EC Treaty; (ii) sets out the background of measures and proposals which will form the basis for further work by the European Commission in developing legislative proposals; (iii) compares theenforcement frameworks of selected national laws (England, Germany, France, Sweden, Spain); (iv) examines in detail the existing position in relation to key enforcement issues (obtaining information about a debtor's assets, provisional and protective measures, service of documents, exequatur,transfrontier garnishee orders and the transfrontier enforcement of injunctions) under the selected national laws and European/international instruments; and (v) assesses the scope for improvements in collaboration between Member States and the obstacles that may impede harmonisation. The book willprovide an invaluable source of reference for practitioners and policy-makers, and will also be of assistance as a starting point for those who want to engage in further comparative research on the topics covered.

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The idea of a European Judicial Area has gathered force since the negotiation of the Amsterdam Treaty amending the TEU and conferring competence on the European Community in relation to measures of 'judicial cooperation'. One of the areas targeted for rapid attention is improvement in therecognition and enforcement of civil judgments i...

Dr Wendy Kennett is a Lecturer in Law, University of Keele. Undergraduate study at New Hall, Cambridge and postgraduate study as a William Senior student at Clare College. Doctorate on aspects of jurisdiction in the European Community and the United States. Final year of doctoral research spent at Heidelberg as part of an exchange ...
Format:HardcoverDimensions:502 pages, 9.13 × 6.06 × 1.22 inPublished:December 15, 2000Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198298196

ISBN - 13:9780198298199

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Table of Contents

Part I: The European Union Framework1. Introduction2. Background to the Tampere SummitPart II: The Enforcement Infrastructure3. Structural Differences Between Systems of Civil Procedure4. Information About the Debtor5. Provisional and Protective Measures6. Service of Documents7. Procedure for ExequaturPart III: Transfrontier Execution of Judgments8. Garnishment9. Non-money Judgments10. ConclusionsAppendicesAppendix A. Tampere: Presidency ConclusionsAppendix B. Article K TEUAppendix C. Title IV EC TreatyAppendix D. Commission Communication of 26 November 1997 (COM(97) 609)Appendix E. Joint Action on the Creation of a European Judicial NetworkAppendix F. International Law Association Principles on Provisional and Protective Measures in International LitigationAppendix G. Regulation on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters

Editorial Reviews

`It should interest all who are concerned with debt enforcement.' Phil Evans, Credit Today Nov. 2000.