The cross-border enforcement of court settlements within Brussels Ia Regulation : from a European and an Austrian perspectivePhilipp Anzenberger
, 2020, original scientific article
Abstract: Despite the enormous practical relevance of court settlements, the Brussels Ia Regulation contains only a few explicit provisions for the cross-border enforcement of this legal instrument. This can cause difficulties in borderline cases, for example when it is doubtful whether the legal act in question is to be classified as a settlement or a judgment or which specific European regulation is applicable to a settlement containing several different claims. This paper provides a general overview of the rules for the enforcement of court settlements under the Brussels Ia Regulation and examines some problems that may specifically arise in the case of cross-border enforcement of court settlements.
Keywords: court settlement, Brussels Ia Regulation, cross-border enforcement, recognition, scope, judgment, certificate, exequatur
Published in DKUM: 15.01.2021; Views: 595; Downloads: 0
Provisional security of creditors in cross-border civil and commercial mattersNeža Pogorelčnik Vogrinc
, 2020, original scientific article
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: 638; Downloads: 0
International surrogacy arrangements - perspectives on international regulationJasmina Alihodžić
, Anita Duraković
, 2020, original scientific article
Abstract: Although more than 30 years have passed since the birth of the first surrogate baby, surrogacy motherhood as a form of ART is still one of the most controversial issues that reflect moral, ethical, cultural, psychological, medical, economic and legal dilemmas. The juxtaposition of legal solutions at the national level has given rise to discussions on the optimal solutions for regulating model international surrogacy arrangements. Given the current social and political climate, the authors of this paper advocate for the reform of international adoption procedures as opposed to passing a new convention, in a way that respective provisions of international adoption convention should be adapted to capture the effects of international surrogacy arrangements - recognition of legal parentage, provided that it is in the best interests of the child, and that there is a biological link between the child and at least one intended parent.
Keywords: international surrogacy arrangements, international regulation, reform of international adoption procedure, recognition of legal parentage, best interest of the child
Published in DKUM: 15.01.2021; Views: 507; Downloads: 53
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The principle of mutual recognition in the area of freedom security and justice : magistrsko deloMihael Pojbič
, 2019, master's thesis
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: 1142; Downloads: 148
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Interpreting Intent in Informal Written CommunicationRene Slatinjek
, 2019, master's thesis
Abstract: Communication has evolved through history using different channels, developing language systems, understanding the communication structure and recognizing the difference between syntax, semantics, and pragmatics. Language is ever-changing. In the modern era, written communication has evolved into a quick response pace, invoking new properties we can observe, understand and use. The main objective of this M.A. thesis is to investigate the new pragmatic features that have developed in informal written communication. One of the most prominent developments in written communication in recent times is the implementation and integration of non-verbal elements.
Keywords: pragmatics, intention recognition, informal communication, communication betterment
Published in DKUM: 12.12.2019; Views: 1004; Downloads: 73
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Classification of perimetric data for supporting glaucoma diagnosisJanja Belinc
, 2018, master's thesis
Abstract: The aim of the study: Glaucoma is a chronic, progressive and asymptomatic retinal disease which results in an irreversible visual field loss. The main objective of this Master’s thesis work was to study the applicability of classification techniques for supporting glaucoma diagnosis.
Research Methodology: In this study perimetric data was obtained by SPARK strategy implemented in Oculus perimeters and provided by medical experts from the Hospital Universitario de Canarias (HUC). This data was used for constructing the feature vectors for the classification problem. Feature vectors of 66 values and feature vectors of 6 values were tested in the experiments. The proposed classification study attempted to: a) demonstrate that the studied classifiers were able to distinguish between “healthy” and “glaucomatous” eyes using only perimetric data, and b) analyse which feature vector design was the most suitable to accomplish this task.
Results: The classification results showed that classifiers performed better on 6 than on 66 perimetry values, which demonstrated the suitability of the 6 points selected by the SPARK strategy and supported its use in medical field.
Conclusion: In this study two remarkable findings for pattern recognition in perimetric data were obtained. Firstly, that reducing the dataset improved the efficiency of the studied classifier, and secondly, that simple pattern recognition models types were more efficient than complex ones.
Keywords: Eye disease, visual field, SPARK perimetry, pattern recognition, machine learning, supervised learning, ROC analysis
Published in DKUM: 27.08.2018; Views: 1105; Downloads: 104
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Abolition of exequatur in Brussels Ia regulation : new challenges for the National Judge (Croatia)Paula Poretti
, 2016, original scientific article
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: 913; Downloads: 65
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Foreign insolvent debtor : some essential questions a creditor is facing in international collective insolvency proceedingsJorg Sladič
, 2012, original scientific article
Abstract: Creditors in international trade are often faced with issues of an insolvent foreign debtor who often has property and assets in several states. In such a case creditors are faced with difficulties of international collective insolvency proceedings. The introductory parts of the article examines the standard questions like the question of a single, universal property of an individual or legal person and on the other hand the principles of territoriality and universality in public international law as far as the effects of foreign collective insolvency proceedings are concerned. The article then deals with issues of the centre of main interests as the point of contact and issues opened with the application of the lex concursus.
Keywords: private international law, insolvency law, principle of territoriality, principle of universality, principle of single universal assets and property, recognition of decisions of foreign courts rendered in collective insolvency proceedings, recognition of effects of a foreign collective insolvency proceedings, centre of main interests
Published in DKUM: 01.08.2018; Views: 869; Downloads: 46
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Scope of application of EU law in the judicial procedures of debt collection in civil and commercial mattersMikael Berglund
, 2010, original scientific article
Abstract: The aim of this paper is to demonstrate, that the interest of a more efficient, and proportionate access to civil justice in EU law requires some changes. Motivated changes are the abolishment of exequatur proceedings, the private creditor shall, as a service measure to him, be able to file an application for enforcement directly to the Member State of origin of the title of execution, instead of to the Member State of actual enforcement, decisions, on interim measures in ex parte proceedings shall be recognized, and access to information for enforcement purposes shall, after a title of execution, be improved in both the cross-border and national contexts.
Keywords: recognition, enforceability, mutuality, grounds for refusal, interim measures, damages, access to information for enforcement purposes
Published in DKUM: 23.07.2018; Views: 768; Downloads: 37
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