z-logo
open-access-imgOpen Access
Развитие института взаимного признания и исполнения судебных решений в странах Европейского Союза
Author(s) -
Elena Maystrovich,
Elena Kucheryavaya
Publication year - 2019
Publication title -
przegląd europejski
Language(s) - English
Resource type - Journals
eISSN - 2657-6023
pISSN - 1641-2478
DOI - 10.5604/01.3001.0013.0803
Subject(s) - adjudication , mutual recognition , enforcement , political science , european union , institution , plaintiff , law , free movement , economic justice , process (computing) , law and economics , business , sociology , computer science , international trade , operating system
The free movement of judicial decisions on the territory of the European Union presupposes a high level of mutual trust between the judicial bodies of the Member States. From the citizens’ point of view, the key issue is the balance between the rights of the plaintiffs and the defendants, i.e. the right to access to justice (to sue) and the right to defence. Mutual trust between the judiciary can be built in various ways. Firstly, through the creation of a unified European procedure in the form of additional tools held before the adjudication and based on the general rules of procedure. Secondly, through sectoral harmonisation of procedural law within the framework of solving individual issues in accordance with a step-by-step approach. Thirdly, it is necessary to create common standards, in the form of principles and rules, regulations and directives. The Author in this article analyses the main ways of creating uniformity of norms applied in the territory of the European Union, the most suitable for the institution of mutual recognition and enforcement of judgments. The process of legal development of the institution of mutual recognition and enforcement of judgments and its current status are considered.

The content you want is available to Zendy users.

Already have an account? Click here to sign in.
Having issues? You can contact us here