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Abstract: The article examines the prospects for the development of an interstate association of BRICS member nations and concludes that it is necessary to expand cooperation in addition to the economic sphere through other areas, in particular, the organization of interaction to combat crime. The article focuses on the fact that an important area of joint cooperation between the BRICS member nations will be activities in the field of security and combating crime. The main promising areas of cooperation between the BRICS member nations in the field of security are formulated and forms of joint activities in these areas are proposed. This area of cooperation of the BRICS member nations should be based on modern information technologies, which is due to the need for coordination of law enforcement activities of the BRICS member nations. The article analyzes the joint system for preventing international crime in the BRICS member nations and concludes that no improvement of this system is possible without appropriate information support for law enforcement based on general principles and approaches. To this end, the necessity of creating a Unified Digital Environment for Law Enforcement Services in the BRICS member nations is substantiated, which implies the speed of achieving the objectives of law enforcement in the BRICS member nations; reduction of corruption risks in this area; as well as automation of individual work processes by replacing a human resource with software. The article describes the concept of a Unified Digital Environment for Law Enforcement Services of the BRICS member nations, substantiates the components that make up its structure. The modern methods of information processing that can be used to build the specified information system are presented. Possible interested users of this environment are highlighted and the capabilities of the Unified Digital BRICS Law Enforcement Services Environment provided to these users are presented.
Keywords: digital law, digitalization of law, information technology, law enforcement, BRICS, international cooperation, fight against crime, law digital environments
Published in DKUM: 30.01.2025; Views: 0; Downloads: 5
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Abstract: Applying a systematic approach, this report addressess the main features of enfrocement titles in Italy. It focuses on judgments, court settlements and notarial deeds, scrutinizing their content, form and effects. It conveys theoretical insight into the subject matter as well as conclusions from relevant case law.
Keywords: enforcement title, cross-border enforcement, italy, EU law, civil procedure law
Published in DKUM: 20.12.2022; Views: 501; Downloads: 59
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Abstract: Provisional measures can be of utmost importance to creditors especially in relationships with a cross-border element. The Regulation 1215/2012 is the legal source that provides rules regarding the jurisdiction to issue a provisional measure but also offers imperfect provisions regarding the recognition and enforcement of foreign provisional measures issued in other Member States of the European Union. Due to the inadequate regulation, CJEU case law has played an important role, but nevertheless the article finds and opens new questions that have not yet been answered.
Keywords: Regulation 44/2001, Regulation 1215/2012, provisional measure, jurisdiction, recognition, enforcement, arbitration clause, real connecting link
Published in DKUM: 15.01.2021; Views: 856; Downloads: 0

Abstract: Mutual recognition in the EU is both a goal and a principle in of itself, constructed and operationalised through individual provisions. The principle of mutual recognition is regarded as fundamental in enabling cooperation between Member States both in civil and criminal matters. The principle of mutual recognition has long ago outgrown the Internal Market and seeped through into judicial matters between Member States in the AFSJ. The accompanying realisation that the EU is not just an economic area is therefore evident. Since the inception of the idea of a Europe free of classical border checks facilitating freedom of movement was manifested, the fear of circumventing the application of judicial decisions became evermore real. Therefore, monumental changes in the fields of international criminal and international private law were expected and implemented in the European union (EU), through the principle of mutual trust and mutual recognition. Subsequently, classical concepts of private international and international criminal law gave way to Europeanised concepts of exequatur, the public policy exception, the principle of reciprocity, the principle of double criminality and the principle of specialty to name a few. It should be noted that these rules had been reserved to be enacted by the Member States. However, by loosening those principles the guarantees and freedoms which they either explicitly or implicitly guard are in danger of being sidestepped in order to enable mutual recognition. Therefore, at the forefront of the debate of mutual recognition of judicial decisions is the question of protecting fundamental rights and legal principles enshrined both in European and domestic legislation of the Member States. The balancing act that the EU preforms has to be careful enough to facilitate mutual recognition while not jeopardizing mutual trust between Member States. Today both EU private international law and EU criminal law work on the basis of the provisions which facilitate mutual recognition and limit it within the AFSJ. Since the basic idea behind mutual recognition is the same, i.e. free movement of judicial decisions, both their manifestations and their limits should strive to respect the basic framework of the field of law form which they stand. While the principle of mutual recognition has been slowly and methodically evolving, there is a sense of urgency with the development of the principle of mutual recognition in criminal matters.
Keywords: The principle of mutual recognition, European arrest warrant, Exequatur, Surrender, General principles of EU law, Recognition and enforcement of judgements, double criminality
Published in DKUM: 17.12.2019; Views: 1386; Downloads: 176
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Abstract: This article will analyse and evaluate if and to what extent enforcement of judgments according to the Brussels Ia Regulation may be challenging for Croatian judges. It seeks to answer the questions a) which novelties in terms of recognition and enforcement of foreign judgments are introduced through the system of cross-border enforcement of judgments under Brussels Ia and b) with regard to the lack of implementation provisions in Croatian legal system, how will a new “adaptation device” according to Art. 54 of the Brussels operate. In particular, how and by whom will the adaptation of measure or order be carried out and how will it be challenged pursuant to Art. 54 (2) of the Brussels Ia Regulation. In a search for possible answers, approaches as well as solutions adopted in the legal systems of some Member States will also be taken into account. Considerations which can be attributed to the lack of provisions regarding implementation of the Brussels Ia Regulation in Croatian legal system will be highlighted.
Keywords: exequatur, abolition, Brussels Ia Regulation, adaptation, measure, order, recognition, enforcement, execution, judgment
Published in DKUM: 02.08.2018; Views: 1198; Downloads: 72
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