EU Civil Procedure Law and Third Countries

Name: EU Civil Procedure Law and Third Countries | Which Way Forward?
Brand: Nomos
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Which Way Forward?

Alexander Trunk Nikitas Hatzimihail(Editor)

Nomos (Publisher)

1st Edition

Published on 18. January 2021

331 pages

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978-3-7489-2340-4 (ISBN)

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Cover
Introduction
EU Law of Civil Procedure and Third Countries: The Case of the European Neighbourhood Policy
Abstract
Keywords
A. EU civil procedure law in the context of EU policies
B. The European Neighbourhood Policy
C. Mutual recognition of judgments in the association agreements
D. Conclusion: What are the next steps?
The Role of Bilateral Judicial Assistance Treaties in the Context of EU Civil Procedure Law and Third Countries
Abstract
Keywords
A. Introduction
B. EU civil procedure law and third countries
C. Example: Bilateral treaties of Greece
D. Conclusion
Direct Jurisdiction - What Rules (if any) for Relations with Third Countries?
Abstract
Keywords
A. Present status of jurisdictional rules under EU civil procedure law including reference to third countries
B. What could or should be changed?
I. Amendments of EU civil procedure legislation
1. Brussels Ia Regulation
a) General jurisdiction
b) Specific jurisdiction
c) Protective jurisdiction
d) Exclusive jurisdiction
e) Choice of forum (prorogation) agreements
2. Other EU legislation
II. Conclusion of treaties with third country/countries
III. Use of soft law?
IV. Coordinated amendments of EU law and national law
C. Summary and recommendations
Residual Jurisdiction: Back to the Future?
Abstract
Keywords
A. Introduction
B. Residual jurisdiction under the Brussels Ia Regulation
C. Types of exorbitant jurisdiction
I. Protecting local claimants
II. Providing access to justice for non-local claimants
III. Protecting overriding substantive law principles
1. Human rights protection under the Alien Tort Statute
2. Human rights protection without special jurisdictional provisions
3. The 2011 UN Guiding Principles on Business and Human Rights
4. The 2015 Resolution of the International Law Institute
D. Ubi ius, ibi remedium?
E. Back to the Future?
The Jurisdiction of the Unified Patent Court: A Model for the Application of the Brussels Ia Regulation to non-EU Disputes?
Abstract
Keywords
A. Introduction: overcoming the limited scope of harmonized bases of jurisdiction under the Brussels Ia Regulation?
B. The UPC as a sui generis court
C. Accommodating the UPC into the EU judicial system: Regulation No 524/2014 and the jurisdiction of "common courts"
I. The different scope of the jurisdiction of national courts and the UPC jurisdiction and the ensuing need for coordination of proceedings
II. The extension of the rules on jurisdiction contained in Chapter II of the Regulation to defendants domiciled in third States
III. The special rule of extraterritorial jurisdiction applicable to third-country domiciliaries under Art. 71b para. 3 of the Regulation
IV. The rules on provisional measures
D. The UPC's jurisdiction as a model? Universalization at the price of fragmentation
I. Regulation No 542/2014 and the precedent of the 2010 Commission proposal: a moderately conservative approach to the universalization of jurisdiction rules
II. Variable geometry rules within the EU: the consequences of recourse to an unprecedented pattern of differentiated integration
III. Variable geometry rules vis-à-vis the outer world: the limits of a purely unilateral approach
E. Conclusion
Lis Pendens in the Brussels Ia Regulation with Regard to Third Countries
Abstract
Keywords
A. Introduction: purpose and subject
B. Parallel proceedings
I. Material scope
II. Personal scope
III. Temporal scope
IV. Territorial scope
C. Resolution of the parallelism of proceedings
I. Basic approach
II. National and international solutions
D. Elements and tools for resolving the consequences of lis pendens
I. Time limitation
II. Definition of jurisdiction
III. Coordination and communication
IV. Refusal of recognition
V. Determining the prohibition of abuse of the process
E. Requirements for opening the Brussels system of litispendence to non-EU countries
F. Basic question: identity of parallel proceedings
I. Principles (maxims) of law relevant to lis pendens
II. Identity of the subject matter and its outcome-material scope
1. Subject matter of the proceedings (claim), its definition and characteristics
2. Subject matter of the proceedings and criticism of some of its concepts
3. Factual and legal basis of a claim
4. The issue of a proper obstacle of lis pendens and an improper obstacle of lis pendens, and related proceedings
5. The notion of interest and its importance in defining the subject matter, and the resolution of the plea and of the consequences of lis pendens
III. Identity of the people concerned - personal scope of lis pendens
1. The term 'party' and its involvement
2. Controversial cases
IV. The decisive moment, the question of priority, the temporary scope
G. Solution of the obstacle of lis pendens and its possible consequences - tools
I. Definition of jurisdiction and instruments for its limitation
II. Time limits for procedural decision-making
III. Discretion of the court, prognosis of recognition, and negative conflict
IV. Principle of prohibition of abuse of process
H. Conclusion: Communication and coordination as an effective tool for dealing with lis pendens
I. Considerations and recommendations with particular reference to lis pendens in third countries: Solutions de lege lata et ferenda
II. Basic aspects
III. Recommendations
1. Solutions de lege lata
2. Solutions de lege ferenda
The Recognition and Enforcement of Court Decisions Between the EU and Third States
Abstract
Keywords
A. Problem area
B. Legal Framework and competence
I. Different bases
II. EU law
III. International treaties
IV. National law
C. Possible solutions
I. In general
II. Multilateral treaties
1. More multilateral instruments
2. Lugano
3. Hague Conventions
III. Bilateral treaties
IV. Unilateral EU Regulation
1. Reforming the EU rules
a) Recognition within the Brussels system
b) Recognition and enforcement of non-Member States' judgments
aa) Competence
bb) Extension of the Brussels Recast Regulation
2. A separate Regulation on the recognition and enforcement of third State court decisions
3. Development of common principles
D. Conclusion
The Recognition of the Effects of Foreign Judgments Between the EU and Third States
Abstract
Keywords
A. In general - Recognition of the effects of foreign judgments in cross-border cases
B. Recognition of the effects of judgments granted by the court of an EU Member State in a third State
I. Judgments refusing the claim as not admissible
II. Judgments issued in the subject matter of the case - Grounds for non-recognition
1. The res judicata effect
2. The recognition of the effects of a foreign judgment is dependent on any important conditions provided by the procedural law of the recognizing State
C. Especially: The recognition of the effects of provisional measures
D. Conclusion
Commercial Litigation in the UK: A Future Outside the EU
Abstract
Keywords
A. Introduction
B. The future legal landscape
I. The applicable law
II. Jurisdiction and judgments
III. Resort to national law
IV. The 2005 Hague Convention
V. The Lugano Convention
VI. An interim conclusion
C. London's future as a litigation hub
I. A law and jurisdiction of choice
II. A rational answer
D. Two conclusions
I. The future legal landscape
II. London's future as a legal hub
Recognition and Enforcement of Judgments Between the European Union and Russia: Possible Prospects
Abstract
Keywords
A. Introduction
B. International greements as a measure to ensure free circulation of judicial acts
C. Relations between the Russian Federation and the European Union
I. The main stages of development of relations in the field of legal cooperation between the Russian Federation and the European Union
II. Negotiations: Is there light at the end of the tunnel?
D. Possible legal models providing for mutual recognition and execution of judicial acts
E. The possible structure of the universal treaty on judicial cooperation (jurisdiction and enforcement) between EU and Russia
F. Conclusion
Enhancing Judicial Cooperation in Civil Matters Between the EU and Ukraine: First Steps Ahead
Abstract
Keywords
A. Introduction
B. General overview of the Ukrainian legal policy on judicial cooperation in civil matters with the EU. Litigation in civil matters with a foreign element
C. The main problems of the strenghening of the judicial cooperation between the EU and Ukraine
I. The international treaties related to judicial cooperation in civil matters
II. The EU Regulations related to cross-border civil and commercial matters
III. Soft law, related to civil justice and cross-border cases.
D. Concluding remarks and proposals
Recognition and Enforcement of Foreign Court Decisions in Colombia
Abstract
Keywords
A. Introduction
B. The rules on recognition and enforcement of foreign judgments in the Colombian General Code of Procedure Law
C. The requirement of reciprocity
D. The requirement of compatibility with Colombian public policy
E. Conclusion and evaluation from the legal policy point of view
The European Regulations on Service of Documents and on Taking of Evidence - An Overview
Abstract
Keywords
A. Introduction
B. Guideline on the content of the regulations
C. The CJEU judgments in the cases of Lippens and ProRail
D. Scope of application
E. Judicial cooperation with third countries
EU Special Procedures Regulations and Third Countries - Which Perspectives for Relations with Third Countries?
Abstract
Keywords
A. EU Special Procedures Regulations: present state
B. The relevance of the three Regulations for third countries: status quo and perspectives
The European Order for Payment Procedure and Third Countries
Abstract
Keywords
A. Introduction
B. History
C. Possible framework
I. Extension of Applicability
II. Basic concept
III. Rules on Jurisdiction
IV. Enforcement
V. Statement of opposition: transformation in court litigation
D. Conclusions
Relationship of the Brussels Ia Regulation with Soft Law in the Field of International Civil Procedure: Some Notes on the Planned European Rules of Civil Procedure
Abstract
Keywords
A. Introduction
B. Marcel Storme's project as a precursor to codification of European Civil Procedure
C. The ALI/UNIDROIT Principles of Transnational Civil Procedure as an attempt to harmonize civil procedure in the transatlantic dimension
D. The European Rules of Civil Procedure as an impulse and outline for future cooperation with third countries
I. Beginning of the project and starting positions
II. Structure of the European Rules of Civil Procedure
III. The relationship between the European Rules of Civil Procedure and the Brussels Ia Regulation
1. Material scope
2. Addresses of the Rules
3. Territorial scope and applicability to cases with an international element
IV. Quo Vadis - ELI/UNIDROIT Rules of Civil Procedure?
Conclusions
A. Summarizing the proposals of the contributors to this study
B. Which interests: EU - third countries
C. Which approaches to which "third countries?"
D. Which instruments?
I. Multilateral treaties
II. Bilateral treaties of the EU and/or Member States
III. Unilateral action by the EU or Member States
IV. Which role for soft law?
V. Combination of instruments?
E. What problems?
I. Direct jurisdiction
II. Parallel proceedings
III. Recognition and enforcement
IV. Judicial Assistance
F. Need/usefulness for legislative action
G. Which fora for legislative action?
H. Techniques of differentiation?
I. Summary
Bibliography
About the Authors
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EU Civil Procedure Law and Third Countries

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