Overview

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.

Full Product Details

Author:   Wendy Kennett (Lecturer in Law, Lecturer in Law, University of Keele)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.00cm , Height: 3.10cm , Length: 24.10cm
Weight:   0.837kg
ISBN:  

9780198298199

ISBN 10:   0198298196
Pages:   502
Publication Date:   21 December 2000
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Part I: The European Union Framework 1: Introduction 2: Background to the Tampere Summit Part II: The Enforcement Infrastructure 3: Structural Differences Between Systems of Civil Procedure 4: Information About the Debtor 5: Provisional and Protective Measures 6: Service of Documents 7: Procedure for Exequatur Part III: Transfrontier Execution of Judgments 8: Garnishment 9: Non-money Judgments 10: Conclusions Appendices Appendix A: Tampere: Presidency Conclusions Appendix B: Article K TEU Appendix C: Title IV EC Treaty Appendix D: Commission Communication of 26 November 1997 (COM(97) 609) Appendix E: Joint Action on the Creation of a European Judicial Network Appendix F: International Law Association Principles on Provisional and Protective Measures in International Litigation Appendix G: Regulation on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters

Reviews

It should interest all who are concerned with debt enforcement. * Phil Evans, Credit Today Nov. 2000. * The book is a good introduction to the way in which pan European policy is negotiated both within and outside the EU and what this means for enforcement generally. * Phil Evans, Credit Today Nov. 2000. * Dr Wendy Kennett's book is like reading science fiction - you may not understand the science but you can follow the plot. * Phil Evans, Credit Today Nov. 2000. * ... an extremely useful background document. * Law Quarterly Review, 1 Oct 2002 * ... particularly penetrating chapter on the structural differences between systems of civil procedure ... the core of Ms Kennett's book is a compelling comparative study of national enforcement systems. ... As a teacher of Private International Law, I found the author's chapters on provisional and protective measures to be especially valuable. ... This work is another excellent contribution to the distinguished list of Oxford Monographs in Private International Law. * A V Gill, The Irish Jurist 2001 *

`... particularly penetrating chapter on the structural differences between systems of civil procedure ... the core of Ms Kennett's book is a compelling comparative study of national enforcement systems. ... As a teacher of Private International Law, I found the author's chapters on provisional and protective measures to be especially valuable. ... This work is another excellent contribution to the distinguished list of Oxford Monographs in Private International Law.' A V Gill, The Irish Jurist 2001 `... an extremely useful background document.' Law Quarterly Review, 1 Oct 2002 `Dr Wendy Kennett's book is like reading science fiction - you may not understand the science but you can follow the plot.' Phil Evans, Credit Today Nov. 2000. `The book is a good introduction to the way in which pan European policy is negotiated both within and outside the EU and what this means for enforcement generally.' Phil Evans, Credit Today Nov. 2000. `It should interest all who are concerned with debt enforcement.' Phil Evans, Credit Today Nov. 2000.

... particularly penetrating chapter on the structural differences between systems of civil procedure ... the core of Ms Kennett's book is a compelling comparative study of national enforcement systems. ... As a teacher of Private International Law, I found the author's chapters on provisional and protective measures to be especially valuable. ... This work is another excellent contribution to the distinguished list of Oxford Monographs in Private International Law. A V Gill, The Irish Jurist 2001 ... an extremely useful background document. Law Quarterly Review, 1 Oct 2002 Dr Wendy Kennett's book is like reading science fiction - you may not understand the science but you can follow the plot. Phil Evans, Credit Today Nov. 2000. The book is a good introduction to the way in which pan European policy is negotiated both within and outside the EU and what this means for enforcement generally. Phil Evans, Credit Today Nov. 2000. It should interest all who are concerned with debt enforcement. Phil Evans, Credit Today Nov. 2000.

Author Information

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.

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