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Principles Of Civil Procedure Designed To Improve The Functioning Of Justice


Principles Of Civil Procedure Designed To Improve The Functioning Of Justice
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Principles Of Civil Procedure Designed To Improve The Functioning Of Justice


Principles Of Civil Procedure Designed To Improve The Functioning Of Justice
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Author : Council of Europe. Committee of Ministers
language : en
Publisher:
Release Date : 1984

Principles Of Civil Procedure Designed To Improve The Functioning Of Justice written by Council of Europe. Committee of Ministers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Civil procedure categories.


Recommendation no. R (84) 5



Introduction And Improvement Of The Functioning Of Appeal Systems And Procedures In Civil And Commercial Cases


Introduction And Improvement Of The Functioning Of Appeal Systems And Procedures In Civil And Commercial Cases
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Author : Council of Europe. Committee of Ministers
language : en
Publisher: Council of Europe
Release Date : 1995-01-01

Introduction And Improvement Of The Functioning Of Appeal Systems And Procedures In Civil And Commercial Cases written by Council of Europe. Committee of Ministers and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-01-01 with Political Science categories.


Recommendation no. R (95) 5



Civil Procedure And Eu Law


Civil Procedure And Eu Law
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Author : Eva Storskrubb
language : en
Publisher: OUP Oxford
Release Date : 2008

Civil Procedure And Eu Law written by Eva Storskrubb and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Language Arts & Disciplines categories.


Examining a burgeoning policy area of the EU - the regulation of cross border civil and commercial litigation - this title analyses the EU's specific legislative measures and assesses their impact on litigation procedure, particularly due process rights.



Dimensions Of Evidence In European Civil Procedure


Dimensions Of Evidence In European Civil Procedure
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Author : Vesna Rijavec
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2015-12-29

Dimensions Of Evidence In European Civil Procedure written by Vesna Rijavec and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-29 with Law categories.


Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.



Eli Ds Unidroit Model European Rules Of Civil Procedure


Eli Ds Unidroit Model European Rules Of Civil Procedure
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Author : European Law Institute
language : en
Publisher: Oxford University Press
Release Date : 2021

Eli Ds Unidroit Model European Rules Of Civil Procedure written by European Law Institute and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.


This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (Unidroit), dealing with civil procedure law. The long-term project began in February 2014, as a joint endeavour to adapt the American Law Institute/Unidroit Principles of Transnational Civil Procedure to the European legal environment, and ended in 2020 with the approval of the ELI-Unidroit Model European Rules of Civil Procedure. Featured in this volume, the Rules are accompanied by comments. They take into account the diverse traditions in Europe concerning civil procedure law and aim to find a common thread in them. Therefore, they not only consider the similarities but also the differences in order to gain a solution that does not favour one legal system but combines aspects of them all, fostering effectiveness and fairness in civil procedure.



The Independence Of Lawyers


The Independence Of Lawyers
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Author : Université de Pau et des pays de l'Adour
language : en
Publisher: Council of Europe
Release Date : 2003-01-01

The Independence Of Lawyers written by Université de Pau et des pays de l'Adour and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Political Science categories.


This book contains the proceedings of a conference, organised by the Council of Europe and held in France in February 2002, to discuss a number of challenges relating to the independence of the legal profession, including problems arising from the development of the internet and electronic networks, the financial independence of lawyers linked with legal aid, and the independence of bar associations and their relationship with public authorities.



Restorative Justice On Trial


Restorative Justice On Trial
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Author : H. Messmer
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-06-29

Restorative Justice On Trial written by H. Messmer and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-29 with Social Science categories.


Victim-offender mediation schemes have experienced significant growth in the last decade. They are seen as an important and innovative alternative to the traditional sanctions of the criminal justice system. After a critical look at mediation schemes in the United States and Canada, most European countries have also increased their efforts to develop informal strategies to deal with deviant behavior. In terms of their legal and organizational base, it turns out that type, extent, and capacities for development are quite different in the individual countries -resulting in a remarkable diversity of programs with different outcomes. The contributions in this book are revised and edited versions of papers presented at the NATO Advanced Research Workshop Conflict, Crime and Reconciliation: The Organization of Welfare Intervention in the Field of Restitutive Justice in April 1991 at Il Ciocco, Italy. The chapters document the present stage of restorative justice in the individual countries, critically assess legal constraints and public needs, discuss the organizational requirements of implementation, and also evaluate outcomes in a broader context of crime and social policy. In the long run, this book should encourage further debates in the field of restorative justice and help build valid guidelines for an international evaluation research.



European Rules Of Civil Procedure


European Rules Of Civil Procedure
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Author : Astrid Stadler
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-11-03

European Rules Of Civil Procedure written by Astrid Stadler and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-03 with Law categories.


European Rules of Civil Procedure sets out a clear examination of the rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the substantial comparative knowledge of its authors.



The Profession Of Court Registrar Rechtspfleger


The Profession Of Court Registrar Rechtspfleger
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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 1998-01-01

The Profession Of Court Registrar Rechtspfleger written by Council of Europe and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-01-01 with Political Science categories.


On title page: Council of Europe legal co-operation with central and eastern European countries



R Glement Pr Coce Des Litiges Et Le R Le Des Juge


R Glement Pr Coce Des Litiges Et Le R Le Des Juge
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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 2005-01-01

R Glement Pr Coce Des Litiges Et Le R Le Des Juge written by Council of Europe and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Business & Economics categories.