Enforcement and Enforceability

This book supplies a number of perspectives on the development of enforcement of court judgments and other enforceable documents in Europe. The articles are written by experts from legal academia and professionals involved in enforcement practice. New trends are highlighted.
Editor(s):
C.H. van Rhee, Alan Uzelac
Series:
Ius Commune Europaeum
Volume:
84
book | published | 1st edition
May 2010 | xxxiii + 334 pp.

Paperback
€64.-


ISBN 9789400000735


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Details

Enforcement of court judgments and other enforceable documents was until about a decade ago a relatively neglected subject, both as a topic of systematic and comparative legal research, and as an area for harmonization at the regional and international level. This situation has changed somewhat in the first years of the third millennium, which may be attributed to the encounter with massive inefficiencies of the mechanisms of legal protection in a number of European countries.

The ambition of this book is to contribute to the efforts devoted to the comparative study and research in the area of enforcement. The book aims at supplying a number of perspectives on the development of enforcement practices and structures, mainly in Europe. The articles are written by experts from legal academia and professionals involved in enforcement practice. New trends are highlighted by pointing to the contrasts of static, slowly changing traditional perspectives, and the dynamic trends of reforms that may be observed throughout the various jurisdictions under discussion.

Chapters

Table of Contents (p. 0)

PART I: ENFORCEMENT IN A EUROPEAN AND TRANS-NATIONAL CONTEXT

Attitudes of European Union Member States towards the Harmonisation of Civil Procedure (p. 1)

Enhancing Enforcement in the European Union. The European Order for Payment Procedure and Its Implementation in the Member States, Particularly in Germany, the Netherlands, and England (p. 17)

Different Enforcement Structures (p. 41)

Enforcement in the Western Balkans and its Compatibility with the Human Rights Standards of the Council of Europe (p. 63)

Privatization of Enforcement Services – A Step forward for Countries in Transition? (p. 83)

Implementation of European Civil Procedural Regulations in the Case Law of Slovenian Courts (p. 103)

How to implement Common Standards of Enforcement Law? (p. 113)

PART II: ENFORCEMENT IN A NATIONAL CONTEXT

The System of Enforcement of Civil Judgments in England (p. 125)

A Model for an Enforcement Regime. The High Court Enforcement Officers of the Supreme Court of England and Wales (p. 137)

Enforcement in France: an Overview of Legislation and Practice (p. 147)

Training Judicial Officers in France (p. 155)

The History of the ‘Huissier de Justice’ in the Low Countries (p. 161)

The Dutch Court Bailiffs Act Eight Years after its Introduction (p. 179)

The Devil is in the Details: Remarks on Italian Enforcement Procedures (p. 207)

Enforcement in Russia: A Short Outline (p. 217)

Reform of the Enforcement Procedure in the Republic of Macedonia (p. 233)

Avenues for Enforcement and Execution of Judgments in the United States (p. 237)

PART III: SPECIAL ISSUES: SELF-COMPLIANCE, ENFORCEABILITY IN MEDIATION AND FAMILY LAW, CIVIL IMPRISONMENT, COMBINED PROCEEDINGS, COSTS OF ENFORCEMENT

Procedural Fairness and Compliance (p. 251)

Enforcing Mediated Settlements in Europe (p. 271)

Enforcement of Contact Orders concerning Children (p. 291)

Civil Arrest as a Means of Enforcement of Civil Judgments: Dickensian or Indispensable? (p. 299)

Enforcement of Civil Claims in Criminal Litigation: The Norwegian Example (p. 313)

Fee Systems for Enforcement Agents (p. 327)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


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