Scope of application of EU law in the judicial procedures of debt collection in civil and commercial mattersMikael Berglund
, 2010, izvirni znanstveni članek
Opis: 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.
Ključne besede: recognition, enforceability, mutuality, grounds for refusal, interim measures, damages, access to information for enforcement purposes
Objavljeno: 23.07.2018; Ogledov: 88; Prenosov: 11
Celotno besedilo (130,18 KB)
Interim measures in arbitration proceedingsTatjana Zoroska-Kamilovska
, Tatjana Shterjova
, Univerza v Mariboru
, 2013, izvirni znanstveni članek
Opis: Interim measures in arbitration proceedings are intended to provide protection of the parties’ rights in the course of the proceedings before the final award is rendered. This issue for a long time has been regarded to be rooted in public policy concerns, but gradually this power is being transferred to the arbitral tribunal itself. In the Republic of Macedonia, the issue of interim measures in international commercial arbitration is regulated in the Law on International Commercial Arbitration. The provisions of the law expressly provide for the power of the arbitral tribunal to grant interim measures, however many questions in regard of arbitral interim relief are left unsettled. The authors give an analysis of the currents state over this issue in the Republic of Macedonia, and make an attempt to provide a solid answer to the question – will the amended provisions of the UNCITRAL Model Law on International Commercial Arbitration be a good basis to overcome the perceived problems, or an approach similar to the Slovenian should be rather accepted.
Ključne besede: arbitration proceedings, concurrent jurisdiction, enforcement, interim relief, interim measures, preliminary orders, UNCITRAL Model Law on International Commercial Arbitration
Objavljeno: 01.08.2018; Ogledov: 141; Prenosov: 14
Celotno besedilo (402,04 KB)
Characteristics of Austrian remedies against enforcement and a general analysis of their suitability for achieving the objectives of Brussels I recastBettina Nunner-Krautgasser
, 2015, izvirni znanstveni članek
Opis: Regulation No 1215/2012 (Brussels Ia or Brussels I Recast) was another big step forward towards the establishment of a genuine European judicial area. In the wake of the Brussels I Recast, two facts have rather soon become apparent: One, several well- known (or better: infamous) issues are sadly still unsolved. And two, some other issues have emerged. Because of the abolishment of the “exequatur procedure”, esp. the issue of remedies against enforcement, in both the Member State of origin as well as in the Member State of enforcement, has gained more importance again. Therefore this paper analysis the characteristics of Austrian remedies in enforcement and their suitability for achieving the objects of Brussels I Recast.
Ključne besede: Brussels I Recast, remedies in enforcement, cross- border enforcement, abolition of “exequatur”, Art. 46 Brussels I a Recast, grounds for refusal of the enforcement, implementation in the national system of remedies in enforcement
Objavljeno: 02.08.2018; Ogledov: 104; Prenosov: 18
Celotno besedilo (440,07 KB)
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Abolition of exequatur in Brussels Ia regulationPaula Poretti
, 2016, izvirni znanstveni članek
Opis: 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.
Ključne besede: exequatur, abolition, Brussels Ia Regulation, adaptation, measure, order, recognition, enforcement, execution, judgment
Objavljeno: 02.08.2018; Ogledov: 127; Prenosov: 21
Celotno besedilo (448,01 KB)
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A general overview of enforcement in civil and commercial matters in MacedoniaTatjana Zoroska-Kamilovska
, Milka Rakočević
, 2015, pregledni znanstveni članek
Opis: The paper discusses one of the currently most relevant topics in the area of civil law protection in the Republic of Macedonia. In 2005 Macedonia made a drastic step in reforming the system of civil enforcement: the previous court-oriented system of enforcement was replaced with the bailiff-oriented system. The enforcement procedure has ceased of being under the jurisdiction of the court and the enforcement was entrusted to enforcement agents - persons with public authorizations established by law, who conduct the enforcement. With the introduction of the new system of civil enforcement Macedonia strove to eliminate all dysfunctionalities of the system due to the slowness and the inefficiency of the enforcement procedure, which seriously affected the proper administration of justice. The paper gives a general overview regarding the Macedonian civil enforcement system with special emphasis on certain issues that are considered to be of major importance, such as the reforms that were implemented or being implemented regarding the system of civil enforcement, the legal basis of enforcement, the status and role of the enforcement agents in the legal system of the Republic Macedonia, the institutional framework, structure and order of the enforcement proceedings, the enforcement titles, as well as the issue regarding the means of enforcement and the distinction between enforcement and security measures.
Ključne besede: civil enforcement, enforcement agent, forcible execution, enforcement titles
Objavljeno: 02.08.2018; Ogledov: 137; Prenosov: 24
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The principle of mutual recognition in the area of freedom security and justiceMihael Pojbič
, 2019, magistrsko delo
Opis: 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.
Ključne besede: The principle of mutual recognition, European arrest warrant, Exequatur, Surrender, General principles of EU law, Recognition and enforcement of judgements, double criminality
Objavljeno: 17.12.2019; Ogledov: 65; Prenosov: 14
Celotno besedilo (885,55 KB)