The idea of a European Judicial Area has gathered force since the negotiation of the Amsterdam Treaty amending the TEU and conferring competence on the European Community in relation to measures of 'judicial cooperation'. One of the areas targeted for rapid attention is improvement in the recognition and enforcement of civil judgments in Europe - with plans for the mutual recognition of judgments.
This book (i) explains the significance of the fact that judicial cooperation now falls within the EC Treaty; (ii) sets out the background of measures and proposals which will form the basis for further work by the European Commission in developing legislative proposals; (iii) compares the enforcement frameworks of selected national laws (England, Germany, France, Sweden, Spain); (iv) examines in detail the existing position in relation to key enforcement issues (obtaining information about a debtor's assets, provisional and protective measures, service of documents, exequatur, transfrontier garnishee orders and the transfrontier enforcement of injunctions) under the selected national laws and European/international instruments; and (v) assesses the scope for improvements in collaboration between Member States and the obstacles that may impede harmonisation. The book will provide an invaluable source of reference for practitioners and policy-makers, and will also be of assistance as a starting point for those who want to engage in further comparative research on the topics covered.
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(241mm x 160mm x 31mm)
Oxford University Press
Publisher: Oxford University Press
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Author Biography - Wendy Kennett
Dr Wendy Kennett is a Lecturer in Law, University of Keele. Undergraduate study at New Hall, Cambridge and postgraduate study as a William Senior student at Clare College. Doctorate on aspects of jurisdiction in the European Community and the United States. Final year of doctoral research spent at Heidelberg as part of an exchange programme. First appointment (1989) was at Nottingham University, where she introduced an LL.M. course in international litigation. Returned to Cambridge as fellow of New Hall (joint appointment with King's College) in 1991. Moved to present position at Keele University in 1993. During time at Keele has increasingly pursued the comparative law aspects of civil procedure, but with particular reference to procedures relevant to transfrontier disputes.