The Right to a Fair Trial and the Free Movement of Civil Judgments

Authors

  • Jan-Jaap Kuipers European University Institute

Abstract

This paper analyses the role and function of the right to a fair trial in Brussels I. Particular emphasis will be placed on how the European Court of Justice balances the right to a fair trial against the free movement of judgments. This question will be answered in terms of whether the ECJ perceives the right to a fair trial to constitute an autonomous source of obligations or whether it interprets (and if so, how it does so) PIL mechanisms in the light of the requirements of a fair trial. In particular, the paper will analyse to what extent the courts in the Member State addressed may review compliance with the right to a fair hearing of the court originally seized. Finally, the proposal of the European Commission to abolish the exequatur will be examined from a fundamental rights perspective.

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Published

2011-08-28

How to Cite

Kuipers, J.-J. (2011). The Right to a Fair Trial and the Free Movement of Civil Judgments. Croatian Yearbook of European Law and Policy, 6, 23. Retrieved from https://www.cyelp.com/index.php/cyelp/article/view/98

Issue

Vol. 6 (2010)

Section

Articles

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