Suchergebnisse

This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.

The study subject matter deals with the latest rules in the Jordanian Insolvency Law for the year 2018 concerning the international cooperation among the national and foreign courts of law in cross border cases through admission of foreign insolvency procedures and its validity and effectiveness within the Jordanian national region, provided applying the reciprocity principle and within the conditions and procedures required by Law. The Jordanian legislator positively responded to the modern international trends to handle the international insolvency cases aiming to provide effective protection for creditors and achieving principles of justice, equality and transparency and treating the judicial jurisdiction dispute problem concerning insolvency. The Jordanian legislator excerpted such law provisions from the Cross Borders Insolvency Model Law for the year 1997 issued by the United Nations Commission on International Trade Law (UNCITRAL), for the purpose of supporting and enhancing the trade credit process, attracting investments and achieving economic developments.

This compilation of four country case studies provides a comprehensive understanding of challenges, good practices, and lessons learnt under different situations. In the Lao People's Democratic Republic, a cross-border vegetable trade agreement with its neighboring, Thailand, aided in stabilizing market prices and provided financial benefits to local contract farmers. Similarly, organic certification and geographic indication of sugar palm in Cambodia linked local farmers to the global market, while an organic fair trade rice supply chain in Thailand ensured quality assurance and product traceability. Organic certification and fair trade practices in Viet Nam enabled farmers to realize fair trade premium prices for their agricultural products.

This compilation of four country case studies provides a comprehensive understanding of challenges, good practices, and lessons learnt under different situations. In the Lao People's Democratic Republic, a cross-border vegetable trade agreement with its neighboring, Thailand, aided in stabilizing market prices and provided financial benefits to local contract farmers. Similarly, organic certification and geographic indication of sugar palm in Cambodia linked local farmers to the global market, while an organic fair trade rice supply chain in Thailand ensured quality assurance and product traceability. Organic certification and fair trade practices in Viet Nam enabled farmers to realize fair trade premium prices for their agricultural products.

Cross-border regions are the laboratories of European integration. Daily interactions across European borders let citizens experience the benefits of the European Union (EU) internal market. Still, many border barriers continue to prevent individuals and organisations from exploiting the full-potential of European border regions and the benefits of a more integrated European territory. Amongst these barriers are the absence or inappropriate supply of cross-border public transport services. In this context, this paper presents potential policy tools to increase border permeability related to cross-border public transport as well as practical results from a few case-studies implemented across Europe. ; info:eu-repo/semantics/publishedVersion

Administrative boundaries create all sorts of barriers. These include obstacles associated with cross-border mobility. The presence of cross-border transports can be pivotal to reducing the barrier-effect on citizen's mobility and to increasing territorial integration of the European Union (EU). As recent surveys have revealed, cross-border accessibility is still considered a major barrier across most EU borders. In this context, this paper examines the overall current panorama of cross-border transports in the EU as a crucial barrier, whilst proposing a Cross-border Transport Permeability index to allow comparing this barrier across the EU. The findings indicate that cross-border transports are not yet sufficiently developed in the face of the increasing needs of EU citizens to cross borders, even in the most mature and socio-economically developed EU border areas, and that complex legal and administrative frameworks from both sides of the border make the creation of joint solutions for improving cross-border transportation across EU borders a challenging task. ; info:eu-repo/semantics/acceptedVersion

The paper deals with cross-border insolvency protocols as special source of insolvency law. Protocols are agreements between parties in insolvency procedure that deal with many significant questions in order to establish cooperation and coordination between participants. Protocols are used in cross-border insolvency proceedings in order to overcome differences between state legislation that can pose major obstacle for maximization of the value or efficient reorganization procedure. This instrument has special significance in cases of cross-border-group-insolvencies. Namely, in this case every subsidiary is a separate entity, but the preservation of economic value of the group as a whole calls for cooperation between insolvency practitioners and/or judges. The topic is especially interesting having in mind that European Insolvency regulation Recast explicitly mentions the use of protocols as means of cooperation (Recital 49). This will most definitely have broader implications on insolvency laws of civil law countries and it will contribute to wider use of protocols in these countries.

Towns along the Malaysia-Thailand border have always been associated with backwardness and being low-income regions. This is mainly because policy development in these border regions is based more on defence and security rather than economic considerations. Economic structures and cross-border trade towns of Sg. Kolok (Narathiwat, Southern Thailand) and Rantau Panjang (Kelantan, Malaysia) were examined with the objective to measure cross-border economic activity and the feasibility of establishing a Cross Border Special Economic Zone. Both towns are a shopping haven among local and foreign tourists, and have the potential to become a leading cross-border tourism product of the Malaysia-Thailand border. The Malaysian government has also implemented the Eastern Corridor Economic Region to develop the East Coast region including Kelantan. Meanwhile, the Thailand Government has carried out the Southern Border Provinces Special Zone to develop its Southern region, including Narathiwat. With the security assurance in Southern Thailand coupled with both development plans being implemented, this may intensify economic activities in the towns of Rantau Panjang and Sg. Kolok. It was revealed that this has a spill-over effect in the border areas and the potential of creating a Cross Border Special Economic Zone at these border towns.

1. Introduction: Research Aims and Methodology -- Paul Beaumont and Mihail Danov -- Part I: Shaping the Development of the Private International -- Law Framework -- 2. EU Competence to Legislate in the Area of Private International Law and Law Reforms at the EU Level -- Jan von Hein -- 3. An Analysis of the Effectiveness of the EU Institutions in Making and Interpreting EU Private International Law Regulations -- Burcu Yüksel -- 4. Unharmonised Procedural Rules: Is there a Case for Further Harmonisation at EU Level? -- Jonathan Fitchen -- Part II: Cross-border Litigation Pattern-Empirical Data and Analysis -- 5. Great Britain -- Paul Beaumont, Mihail Danov, Katarina Trimmings and Burcu Yüksel -- 6. Belgium -- Thalia Kruger and Eline Ulrix -- 7. Germany -- Jan von Hein and Hannah Dittmers -- 8. Italy -- Stefania Bariatti, Ilaria Viarengo, Francesca C Villata, Sara Bernasconi and Filippo Marchetti -- 9. Spain -- Carmen Otero García-Castrillón -- 10. Poland -- Agnieszka Frackowiak-Adamska, Agnieszka Guzewicz and Lukasz Petelski -- 11. Austria -- Florian Heindler and Bea Verschraegen -- 12. Bulgaria -- Teodora Tsenova and Anton Petrov -- 13. Croatia -- Ivana Kunda -- 14. Cyprus -- Nikitas E Hatzimihail -- 15. Czech Republic -- Monika Pauknerová, Marta Zavadilová and Jirí Grygar -- 16. Finland -- Gustaf Möller -- 17. France -- Horatia Muir Watt, Sabine Corneloup, Laurence Usunier, Didier Boden,Jeremy Heymann and David Sindres -- 18. Greece -- Aspasia Archontaki and Paata Simsive -- 19. Hungary -- Csongor István Nagy -- 20. Ireland -- Maebh Harding -- 21. Latvia -- Irena Kucina -- 22. Lithuania -- Kristina Praneviciene -- 23. Luxembourg -- Céline Camara -- 24. Malta -- Antoine G Cremona, Clement Mifsud-Bonnici and Calvin Calleja -- 25. The Netherlands -- Aukje Van Hoek, Ian Sumner and Cathalijne van der Plas -- 26. Portugal -- Elsa Dias Oliveira, João Gomes de Almeida, Eugénia Galvão Teles, Susana Maltez and Raquel Correia -- 27. Romania -- Ileana M Smeureanu, Lucian Ilie and Alexandra Ema Dobre -- 28. Slovakia -- Miroslava Vozáryová and Katarína Burdová -- 29. Slovenia -- Suzana Kraljic -- 30. Sweden -- Michael Bogdan and Ulf Maunsbach -- 31. Promoting Efficient Litigation? -- Stephen Dnes -- 32. Data Analysis: Important Issues to be Considered in a Cross-border Context -- Mihail Danov -- Part III: Litigating Cross-border Civil and Commercial Disputes-A Europe of Law and Justice -- 33. Cross-border Civil and Commercial Disputes Before the Court of Justice of the European Union -- Paul Beaumont and Burcu Yüksel -- 34. Legal Certainty and Predictability in the EUPILLAR Project's Regulations: An Assessment -- Carmen Otero García-Castrillón -- 35. Effective Remedies in Cross-border Civil and Commercial Law Disputes: A Case for an Institutional Reform at EU Level -- Mihail Danov and Paul Beaumont -- 36. Cross-border Contract Litigation in the EU -- Zheng Sophia Tang -- 37. Cross-border Non-contractual Disputes: The Legislative Framework and Court Practice -- Michael Wilderspin -- 38. Litigating Cross-border Intellectual Property Disputes in the EU Private International Law Framework -- Paul Torremans -- 39. Private Enforcement of Competition Law -- Jonathan Fitchen -- 40. The Relationship Between Litigation and ADR: Evaluating the Effect of the EU PIL Framework on ADR -- Settlements in Cross-border Cases -- Mihail Danov and Stefania Bariatti -- Part IV: Litigating Cross-border Family Law Disputes-A Europe of Law and Justice -- 41. Court of Justice of the European Union's Case Law on Family Law Matters Under Brussels IIa and Maintenance -- Paul Beaumont and Katarina Trimmings -- 42. Habitual Residence: The Factors that Courts Consider -- Thalia Kruger -- 43. No Deal Better than a Bad Deal-Child Abduction and the Brussels IIa Regulation -- Agnieszka Frackowiak-Adamska -- 44. New (and Old) Problems for Maintenance Creditors Under the EU Maintenance Regulation -- Lara Walker -- 45. Mediation in EU Cross-border Family Law -- Ruth Lamont -- 46. Matrimonial Matters Under the Brussels IIa Regulation -- Katarina Trimmings -- Part V: Conclusion -- 47. Cross-border Litigation in Europe: Some Theoretical Issues and Some Practical Challenges -- Paul Beaumont, Mihail Danov, Katarina Trimmings and Burcu Yüksel

The implementation of common policies established by the constitutive agreements of the Euroregions, and operational development of cross-border cooperation have led to the increase of contacts between Romanian and Ukrainian institutions. The European territorial cooperation at the European Union's outer borders has two major components: Cohesion Policy and European Neighborhood Policy. Europe's diversity is considered a valuable characteristic which should be exploited and promoted. This diversity can be noticed in the social and cultural life of all the countries and regions from Europe. The concept of Euroregion, as well as the cooperation in the international system form imposed in the European area is based on the strength and collaboration of the civil society and the mutual economic and political interests. According to this concept, the future Europe can be understood not only as a Europe of states, but also as a Europe of Regions having economic, political and military interests at an international level.