Author (Person) | Kuipers, Jan-Jaap |
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Publisher | University of Zagreb: Faculty of Law |
Series Title | Croatian Yearbook of European Law & Policy |
Series Details | Vol.6, 2010, p23-52 |
Publication Date | 2010 |
ISSN | 1845-5662 |
Content Type | Textbook | Monograph |
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. |
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Source Link | http://www.cyelp.com/index.php/cyelp/index |
Subject Categories | Law |
Countries / Regions | Europe |
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