scholarly journals Minimum standards in the European Account Preservation Order

2020 ◽  
Vol 38 (3) ◽  
pp. 61-75
Author(s):  
Mateusz Wiktor Golak
Keyword(s):  
Bank Account ◽  
Minimum Standards ◽  
Cross Border ◽  
Interim Order

The article is devoted to minimum standards in the new procedural instrument - the European Account Preservation Order. The main purpose of the preservation proceeding is to grant an interim order of creditor’s claim on debtor assets, without overburdening his property. Due to the complicated procedure established by Regulation (EU) No 655/2014, the European Account Preservation Order should serve as an additional and optional measure for the creditor, the examination of the minimum standards is essential. The Author indicates the relation between above-mentioned regulation and other regulations and gives explanation why this instrument is another symptom of the new EU legislator's approach to cross-border civil matters. Since the debtor is a person whose interests are most affected by the preservation on the bank account, it is necessary to specify his rights and obligations in this proceedings.

European Arrest Warrants and Minimum Standards for Trials in absentia – Blind Trust vs. Transnational Direct Effect?

2021 ◽  
Vol 11 (3) ◽  
pp. 275-287
Author(s):  
Martin Böse
Keyword(s):  
Mutual Recognition ◽  
Minimum Standard ◽  
Minimum Standards ◽  
Cross Border ◽  
Court Of Justice ◽  
European Arrest Warrant ◽  
The Right ◽  
Procedural Rights ◽  
Cross Border Cooperation ◽  
The Eu

The right of the accused person to be present at the trial and defend himself in person forms an essential part of the right to a fair trial. In this regard, the minimum standard enshrined in Art. 6 ECHR has been further developed by the minimum rules on procedural rights established by the EU legislator. According to a recent judgment of the Union’s Court of Justice, the Framework Decision on the European Arrest Warrant still allows the executing state to surrender a person convicted in absentia even if the EU minimum standard is not met. This paper will argue that common minimum standards have repercussions on cross-border cooperation based on mutual recognition and may emerge as a ground for refusal.

Environmentally Forced Migration and Human Rights

2019 ◽  
pp. 336-362
Author(s):  
J. M. M. van der Vliet-Bakker
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Degradation ◽  
Forced Migration ◽  
Human Rights Law ◽  
Minimum Standards ◽  
Cross Border ◽  
Specific Category ◽  
Forced Migrants

In an era of accelerating environmental degradation, a growing number of people will be affected by its effects. Some of those people will be forced to migrate, both internally and cross-border. Under current international law, those people are not recognized as a specific category entitled to protection. Many protection gaps in international law can be identified for these ‘environmentally forced migrants'. Human rights law can fill some of those gaps by offering minimum standards of treatment, procedural protection or complementary protection. This chapter systematically assesses these possibilities.

The Judgments Project of the Hague Conference on Private International Law: A Way Forward for a Long-awaited Solution

2019 ◽  
pp. 176-196
Author(s):  
Fabrício B. Pasquot Polido
Keyword(s):  
International Law ◽  
End Users ◽  
Multiple Criteria ◽  
Private International Law ◽  
Minimum Standards ◽  
Policy Choices ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
The Hague ◽  
Further Development

This chapter discusses distinct foundational benchmarks and inspirational ideas underlying the diplomatic negotiations leading to the adoption of the Convention on Recognition and Enforcement of Foreign Judgments on Civil or Commercial Matters by the Hague Conference of Private International Law in June 2019 and conclusion of a historical phase of the ‘Judgments Project’. It argues that the establishment of a ‘global facilitated regime’ for circulation of foreign judgements at multilateral level still remains as one of the utmost policy choices for further development of private international law related institutions and their interplay with cross-border civil and commercial litigation. The successful outcomes of the Judgment Project might be tested under multiple criteria, such as minimum standards of uniformity - with diversity being preserved at domestic normative levels-, predictability and a balanced framework for end-users in transnational litigation.

scholarly journals THE EUROPEAN ORDER FOR PAYMENT PROCEDURE

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Cristina-Marilena Gheorghe
Keyword(s):  
Member State ◽  
European Community ◽  
European Parliament ◽  
Member States ◽  
Legal Decisions ◽  
Minimum Standards ◽  
Cross Border ◽  
The One ◽  
Commercial Field

In the spirit of the Treaty of institution of the European Community and consideringthe need to maintain and develop a space of freedom, security and justice in the purpose ofthe free circulation of individuals, of goods, services and commodities, the Communityconsidered as opportune the adoption of certain measures in the field of judicial cooperationin civil and commercial field, which to have a cross-border incidence, therefore instituting, onEuropean level, a new freedom, the one of free circulation of the legal decisions. Therefore, itwas adopted the (EC) Regulation no. 1896/2006 of the European Parliament and Council asof 12.12.2006 regarding the institution of an European procedure of payment order, of whichpurpose is the one to simplify, to accelerate and reduce the procedure costs in the crossbordercauses regarding non-challenged pecuniary receivables, also ensuring the freecirculation of the European orders for payment within all the member states by establishingsome minimum standards of which compliance removes any other intermediary procedure inthe member state of execution before acknowledging the execution1.

Environmentally Forced Migration and Human Rights

2017 ◽  
pp. 146-180
Author(s):  
J. M. M. van der Vliet-Bakker
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Degradation ◽  
Forced Migration ◽  
Human Rights Law ◽  
Minimum Standards ◽  
Cross Border ◽  
Specific Category ◽  
Forced Migrants

In an era of accelerating environmental degradation, a growing number of people will be affected by its effects. Some of those people will be forced to migrate, both internally and cross-border. Under current international law, those people are not recognized as a specific category entitled to protection. Many protection gaps in international law can be identified for these ‘environmentally forced migrants'. Human rights law can fill some of those gaps by offering minimum standards of treatment, procedural protection or complementary protection. This chapter systematically assesses these possibilities.

Investor-State Dispute Settlement under NAFTA Chapter 11: The Shape of Things to Come?

1998 ◽  
Vol 35 ◽  
pp. 263-290
Author(s):  
J. Anthony VanDuzer
Keyword(s):  
Free Trade Agreement ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Minimum Standards ◽  
The North ◽  
State Behaviour ◽  
Nafta Chapter 11 ◽  
To Come ◽  
The Right

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.

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