Suchergebnisse

This article discusses how procedural justice for consumers, employees and insurance policy holders or other beneficiaries under insurance contracts has been ensured in the legal instruments of the EU legislator. The analysis focuses on the Brussels Jurisdiction Regulation, both under the current regulatory scheme and in its recently revised version. Thereby, the rules on jurisdiction, the enforcement of judgments in civil and commercial matters, as well as instruments that unify certain rules of civil procedure have been analysed. Within the context of the rules on jurisdiction, the relevance of the EU legislation for the validity and enforceability of jurisdictional clauses against weaker parties is addressed. Thereby express provisions in EU legislation, as well as relevant case law of the CJEU, have been the subject of the analysis. The changes introduced by the revised Regulation are discussed in great detail.

This article discusses how procedural justice for consumers, employees and insurance policy holders or other beneficiaries under insurance contracts has been ensured in the legal instruments of the EU legislator. The analysis focuses on the Brussels Jurisdiction Regulation, both under the current regulatory scheme and in its recently revised version. Thereby, the rules on jurisdiction, the enforcement of judgments in civil and commercial matters, as well as instruments that unify certain rules of civil procedure have been analysed. Within the context of the rules on jurisdiction, the relevance of the EU legislation for the validity and enforceability of jurisdictional clauses against weaker parties is addressed. Thereby express provisions in EU legislation, as well as relevant case law of the CJEU, have been the subject of the analysis. The changes introduced by the revised Regulation are discussed in great detail.

Chapter 1. Insolvency Forum Shopping, Revisited -- Chapter 2. Contracting around insolvency jurisdiction: private ordering in European insolvency jurisdiction rules and practices -- Chapter 3. Jurisdictional rules on approval requirements in the European Insolvency Regulation Recast -- Chapter 4. The law applicable to the transaction avoidance in cross-border insolvency proceedings -- Chapter 5. Cooperation and Communication between Parties in the Management of Cross-Border Parallel Proceedings under the European Insolvency Regulation Recast.

This book focuses on major amendments introduced in the Brussels I regulatory framework. The contributions scrutenise the changes introduced in the Brussels Ibis Regulation, a legal instrument that presents a core of the unification of private international law rules on the European Union level. It is one of the first publications addressing all the changes in the Brussels I regulatory scheme, which takes into consideration relevant CJEU case law up to July 2016. The texts, written by legal scholars who have published extensively in the field of private international law and international civil procedure, will add to the development of EU private international law. In addition, the authors' critical analysis may open further discussions on the topic and so benefit a consistent and harmonised application of the Regulation. In this respect the book takes a different approach than the commentaries which have so far been published. It is primarily meant for legal academics in private international law and practitioners who are regularly engaged in cross-border civil proceedings. It may also be of added value to advanced students and to those with a particular interest in the subject of international litigation and more generally in the area of dispute resolution. Vesna Lazić is a Senior Researcher at the T.M.C. Asser Instituut, an Associate Professor of Private Law at Utrecht University and Professor of European Civil Procedure at the University of Rijeka. Steven Stuij is an expert in Private International Law and an external Ph.D. candidate at Erasmus School of Law, Rotterdam

The focus of this paper is the representation of professional practice at the University of Sarajevo, its legal framework, challenges, and perspectives. Our higher education system has a well-established theoretical framework but no satisfactory professional practice that accompanies it. Although professional practice is envisaged as the application of acquired theoretical knowledge in a broader social context, for the general benefit of society, it is not sufficiently recognized or appropriately valued. Therefore, this paper examines the possibilities of increasing the scope and the level of practice, applying the acquired knowledge with the support of recruited experts and lecturers from the practice, and raising the criteria for evaluating students' practical knowledge. Considering the specificity of scientific research in legal science, the methods of scientific cognition are also specific. Normative and comparative methods will be applied in this paper. The intention of the authors is to provide a detailed analysis of the cooperation agreement between the University of Sarajevo and competent institutions in the field of employment and economy in order to create preconditions for the implementation of practical training in legal entities in the public and private sector and to identify possible solutions in adapting the learning outcomes to market needs.

The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its implementation and application. With comprehensive coverage of the relevant CJEU case law, and rigorous analysis of the jurisprudence of the Brussels Regulation, this book acts as both a detailed reference work for the understanding and practical application of the Regulation, and a roadmap for its future. It highlights the challenges involved in the application of the Regulation, such as interpretation of its concepts and the achievement of its underlying purposes, as well as the efficiency and potential costs, and provides suggestions for legislative improvements

"The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its implementation and application. With comprehensive coverage of the relevant CJEU case law, and rigorous analysis of the jurisprudence of the Brussels Regulation, this book acts as both a detailed reference work for the understanding and practical application of the Regulation, and a roadmap for its future. It highlights the challenges involved in the application of the Regulation, such as interpretation of its concepts and the achievement of its underlying purposes, as well as the efficiency and potential costs, and provides suggestions for legislative improvements. Key Features: - A focus on the interpretation and practical application of the Regulation - Detailed analysis of the case law and jurisprudence - Highlights both deficiencies and potential improvements - Written by leading scholars in EU and private international law. The Brussels I-bis Regulation is an important reference work for practitioners handling cross-border commercial or civil cases. It is also an invaluable educational and research tool for scholars in the fields of EU Law, private international law and commercial law"--

In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute's research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues - such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration - that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.

In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute's research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues - such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration - that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers