Common Standards of Civil Procedure in the EU: Main Features and Perspectives
The aim of this article is to study the notion of “common minimum standards of the civil procedure” proposed by the European Parliament in Resolution of July 4, 2017 (2015/2084 (INL)) with recommendations to the Commission on common minimum standards of the civil procedure in the European Union. It...
Ausführliche Beschreibung
Gespeichert in:
| Autor*in: |
Iryna Izarova [verfasserIn] |
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| Format: |
E-Artikel |
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| Sprache: |
Englisch ; Ukrainisch |
| Erschienen: |
2018 |
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| Schlagwörter: |
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| Übergeordnetes Werk: |
In: Наукові записки НаУКМА: Юридичні науки - National University of Kyiv-Mohyla Academy, 2020, 1(2018), Seite 55-61 |
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| Übergeordnetes Werk: |
volume:1 ; year:2018 ; pages:55-61 |
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(DE-627)DOAJ018628230 (DE-599)DOAJ4360bc4b52024b72876c99d5900adea4 DE-627 ger DE-627 rakwb eng ukr Iryna Izarova verfasserin aut Common Standards of Civil Procedure in the EU: Main Features and Perspectives 2018 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier The aim of this article is to study the notion of “common minimum standards of the civil procedure” proposed by the European Parliament in Resolution of July 4, 2017 (2015/2084 (INL)) with recommendations to the Commission on common minimum standards of the civil procedure in the European Union. It allows a further development and convergence of the civil procedure in the EU and the world – in the light of the Project on European rules of the civil procedure of ELI-Unidroit, ALI-Unidroit Transnational Principles of Civil Procedure, and M. Storm’s Final Report “Approximation of Judiciary Law in the EU”. Trends in the convergence of the civil procedure and overcoming the differences existing in the national legislation of Member States are significant not only for the EU. The reform of the judiciary and civil procedure in Ukraine is aimed at increasing the level of protection of the rights and freedoms and the implementation of the European and worldwide standards of civil justice. The resolution adopted by European Parliament refers to common minimum standards for the civil procedure, and this is the first time when the term was proposed at the level of the EU law, although the approximation of the civil procedural law has been considered for quite a long time. Therefore, the article proposes approaches to the definition of these standards. The main task of the implementation of the common minimum standards of the civil procedure is to ensure the rights of the citizens by establishing minimum standards for the opening, preparation, and resolution of civil cases in the courts of the Member States, which will provide a really new stage in the harmonization of this branch of law and reflect the general desire of the community to define common approaches to the basic provisions of the civil procedure. Accordingly, the article focused on the study of the proposed common minimum standards of the civil procedure by comparing it with the Civil Procedure Code of Ukraine of 2017. Among them are the standards of providing funds, procedures, and measures for effective judicial protection, requirements for hearings, the use of temporary and other security measures, the efficiency of the procedure, the motivation of decisions, general principles of the case management, the order of providing evidence, involvement of experts, legal aid, as well as requirements to prevent abuse of funding by which a person goes to court. Also the approximation of the provisions on the procedure for the services of documents, the provision of the right to have a lawyer in a civil procedure, access to information, interpretation and translation of the documents, determination of the responsibilities of parties and their representatives, requirements for a public trial, ensuring independence, and impartiality of the judges. harmonization of civil procedure european civil procedure principles of civil procedure goals of civil procedure Law K In Наукові записки НаУКМА: Юридичні науки National University of Kyiv-Mohyla Academy, 2020 1(2018), Seite 55-61 (DE-627)1760601861 26630621 nnns volume:1 year:2018 pages:55-61 https://doi.org/10.18523/2617-2607.2018.55-61 kostenfrei https://doaj.org/article/4360bc4b52024b72876c99d5900adea4 kostenfrei http://nrplaw.ukma.edu.ua/article/view/153110 kostenfrei https://doaj.org/toc/2617-2607 Journal toc kostenfrei GBV_USEFLAG_A SYSFLAG_A GBV_DOAJ AR 1 2018 55-61 |
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(DE-627)DOAJ018628230 (DE-599)DOAJ4360bc4b52024b72876c99d5900adea4 DE-627 ger DE-627 rakwb eng ukr Iryna Izarova verfasserin aut Common Standards of Civil Procedure in the EU: Main Features and Perspectives 2018 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier The aim of this article is to study the notion of “common minimum standards of the civil procedure” proposed by the European Parliament in Resolution of July 4, 2017 (2015/2084 (INL)) with recommendations to the Commission on common minimum standards of the civil procedure in the European Union. It allows a further development and convergence of the civil procedure in the EU and the world – in the light of the Project on European rules of the civil procedure of ELI-Unidroit, ALI-Unidroit Transnational Principles of Civil Procedure, and M. Storm’s Final Report “Approximation of Judiciary Law in the EU”. Trends in the convergence of the civil procedure and overcoming the differences existing in the national legislation of Member States are significant not only for the EU. The reform of the judiciary and civil procedure in Ukraine is aimed at increasing the level of protection of the rights and freedoms and the implementation of the European and worldwide standards of civil justice. The resolution adopted by European Parliament refers to common minimum standards for the civil procedure, and this is the first time when the term was proposed at the level of the EU law, although the approximation of the civil procedural law has been considered for quite a long time. Therefore, the article proposes approaches to the definition of these standards. The main task of the implementation of the common minimum standards of the civil procedure is to ensure the rights of the citizens by establishing minimum standards for the opening, preparation, and resolution of civil cases in the courts of the Member States, which will provide a really new stage in the harmonization of this branch of law and reflect the general desire of the community to define common approaches to the basic provisions of the civil procedure. Accordingly, the article focused on the study of the proposed common minimum standards of the civil procedure by comparing it with the Civil Procedure Code of Ukraine of 2017. Among them are the standards of providing funds, procedures, and measures for effective judicial protection, requirements for hearings, the use of temporary and other security measures, the efficiency of the procedure, the motivation of decisions, general principles of the case management, the order of providing evidence, involvement of experts, legal aid, as well as requirements to prevent abuse of funding by which a person goes to court. Also the approximation of the provisions on the procedure for the services of documents, the provision of the right to have a lawyer in a civil procedure, access to information, interpretation and translation of the documents, determination of the responsibilities of parties and their representatives, requirements for a public trial, ensuring independence, and impartiality of the judges. harmonization of civil procedure european civil procedure principles of civil procedure goals of civil procedure Law K In Наукові записки НаУКМА: Юридичні науки National University of Kyiv-Mohyla Academy, 2020 1(2018), Seite 55-61 (DE-627)1760601861 26630621 nnns volume:1 year:2018 pages:55-61 https://doi.org/10.18523/2617-2607.2018.55-61 kostenfrei https://doaj.org/article/4360bc4b52024b72876c99d5900adea4 kostenfrei http://nrplaw.ukma.edu.ua/article/view/153110 kostenfrei https://doaj.org/toc/2617-2607 Journal toc kostenfrei GBV_USEFLAG_A SYSFLAG_A GBV_DOAJ AR 1 2018 55-61 |
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(DE-627)DOAJ018628230 (DE-599)DOAJ4360bc4b52024b72876c99d5900adea4 DE-627 ger DE-627 rakwb eng ukr Iryna Izarova verfasserin aut Common Standards of Civil Procedure in the EU: Main Features and Perspectives 2018 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier The aim of this article is to study the notion of “common minimum standards of the civil procedure” proposed by the European Parliament in Resolution of July 4, 2017 (2015/2084 (INL)) with recommendations to the Commission on common minimum standards of the civil procedure in the European Union. It allows a further development and convergence of the civil procedure in the EU and the world – in the light of the Project on European rules of the civil procedure of ELI-Unidroit, ALI-Unidroit Transnational Principles of Civil Procedure, and M. Storm’s Final Report “Approximation of Judiciary Law in the EU”. Trends in the convergence of the civil procedure and overcoming the differences existing in the national legislation of Member States are significant not only for the EU. The reform of the judiciary and civil procedure in Ukraine is aimed at increasing the level of protection of the rights and freedoms and the implementation of the European and worldwide standards of civil justice. The resolution adopted by European Parliament refers to common minimum standards for the civil procedure, and this is the first time when the term was proposed at the level of the EU law, although the approximation of the civil procedural law has been considered for quite a long time. Therefore, the article proposes approaches to the definition of these standards. The main task of the implementation of the common minimum standards of the civil procedure is to ensure the rights of the citizens by establishing minimum standards for the opening, preparation, and resolution of civil cases in the courts of the Member States, which will provide a really new stage in the harmonization of this branch of law and reflect the general desire of the community to define common approaches to the basic provisions of the civil procedure. Accordingly, the article focused on the study of the proposed common minimum standards of the civil procedure by comparing it with the Civil Procedure Code of Ukraine of 2017. Among them are the standards of providing funds, procedures, and measures for effective judicial protection, requirements for hearings, the use of temporary and other security measures, the efficiency of the procedure, the motivation of decisions, general principles of the case management, the order of providing evidence, involvement of experts, legal aid, as well as requirements to prevent abuse of funding by which a person goes to court. Also the approximation of the provisions on the procedure for the services of documents, the provision of the right to have a lawyer in a civil procedure, access to information, interpretation and translation of the documents, determination of the responsibilities of parties and their representatives, requirements for a public trial, ensuring independence, and impartiality of the judges. harmonization of civil procedure european civil procedure principles of civil procedure goals of civil procedure Law K In Наукові записки НаУКМА: Юридичні науки National University of Kyiv-Mohyla Academy, 2020 1(2018), Seite 55-61 (DE-627)1760601861 26630621 nnns volume:1 year:2018 pages:55-61 https://doi.org/10.18523/2617-2607.2018.55-61 kostenfrei https://doaj.org/article/4360bc4b52024b72876c99d5900adea4 kostenfrei http://nrplaw.ukma.edu.ua/article/view/153110 kostenfrei https://doaj.org/toc/2617-2607 Journal toc kostenfrei GBV_USEFLAG_A SYSFLAG_A GBV_DOAJ AR 1 2018 55-61 |
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(DE-627)DOAJ018628230 (DE-599)DOAJ4360bc4b52024b72876c99d5900adea4 DE-627 ger DE-627 rakwb eng ukr Iryna Izarova verfasserin aut Common Standards of Civil Procedure in the EU: Main Features and Perspectives 2018 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier The aim of this article is to study the notion of “common minimum standards of the civil procedure” proposed by the European Parliament in Resolution of July 4, 2017 (2015/2084 (INL)) with recommendations to the Commission on common minimum standards of the civil procedure in the European Union. It allows a further development and convergence of the civil procedure in the EU and the world – in the light of the Project on European rules of the civil procedure of ELI-Unidroit, ALI-Unidroit Transnational Principles of Civil Procedure, and M. Storm’s Final Report “Approximation of Judiciary Law in the EU”. Trends in the convergence of the civil procedure and overcoming the differences existing in the national legislation of Member States are significant not only for the EU. The reform of the judiciary and civil procedure in Ukraine is aimed at increasing the level of protection of the rights and freedoms and the implementation of the European and worldwide standards of civil justice. The resolution adopted by European Parliament refers to common minimum standards for the civil procedure, and this is the first time when the term was proposed at the level of the EU law, although the approximation of the civil procedural law has been considered for quite a long time. Therefore, the article proposes approaches to the definition of these standards. The main task of the implementation of the common minimum standards of the civil procedure is to ensure the rights of the citizens by establishing minimum standards for the opening, preparation, and resolution of civil cases in the courts of the Member States, which will provide a really new stage in the harmonization of this branch of law and reflect the general desire of the community to define common approaches to the basic provisions of the civil procedure. Accordingly, the article focused on the study of the proposed common minimum standards of the civil procedure by comparing it with the Civil Procedure Code of Ukraine of 2017. Among them are the standards of providing funds, procedures, and measures for effective judicial protection, requirements for hearings, the use of temporary and other security measures, the efficiency of the procedure, the motivation of decisions, general principles of the case management, the order of providing evidence, involvement of experts, legal aid, as well as requirements to prevent abuse of funding by which a person goes to court. Also the approximation of the provisions on the procedure for the services of documents, the provision of the right to have a lawyer in a civil procedure, access to information, interpretation and translation of the documents, determination of the responsibilities of parties and their representatives, requirements for a public trial, ensuring independence, and impartiality of the judges. harmonization of civil procedure european civil procedure principles of civil procedure goals of civil procedure Law K In Наукові записки НаУКМА: Юридичні науки National University of Kyiv-Mohyla Academy, 2020 1(2018), Seite 55-61 (DE-627)1760601861 26630621 nnns volume:1 year:2018 pages:55-61 https://doi.org/10.18523/2617-2607.2018.55-61 kostenfrei https://doaj.org/article/4360bc4b52024b72876c99d5900adea4 kostenfrei http://nrplaw.ukma.edu.ua/article/view/153110 kostenfrei https://doaj.org/toc/2617-2607 Journal toc kostenfrei GBV_USEFLAG_A SYSFLAG_A GBV_DOAJ AR 1 2018 55-61 |
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(DE-627)DOAJ018628230 (DE-599)DOAJ4360bc4b52024b72876c99d5900adea4 DE-627 ger DE-627 rakwb eng ukr Iryna Izarova verfasserin aut Common Standards of Civil Procedure in the EU: Main Features and Perspectives 2018 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier The aim of this article is to study the notion of “common minimum standards of the civil procedure” proposed by the European Parliament in Resolution of July 4, 2017 (2015/2084 (INL)) with recommendations to the Commission on common minimum standards of the civil procedure in the European Union. It allows a further development and convergence of the civil procedure in the EU and the world – in the light of the Project on European rules of the civil procedure of ELI-Unidroit, ALI-Unidroit Transnational Principles of Civil Procedure, and M. Storm’s Final Report “Approximation of Judiciary Law in the EU”. Trends in the convergence of the civil procedure and overcoming the differences existing in the national legislation of Member States are significant not only for the EU. The reform of the judiciary and civil procedure in Ukraine is aimed at increasing the level of protection of the rights and freedoms and the implementation of the European and worldwide standards of civil justice. The resolution adopted by European Parliament refers to common minimum standards for the civil procedure, and this is the first time when the term was proposed at the level of the EU law, although the approximation of the civil procedural law has been considered for quite a long time. Therefore, the article proposes approaches to the definition of these standards. The main task of the implementation of the common minimum standards of the civil procedure is to ensure the rights of the citizens by establishing minimum standards for the opening, preparation, and resolution of civil cases in the courts of the Member States, which will provide a really new stage in the harmonization of this branch of law and reflect the general desire of the community to define common approaches to the basic provisions of the civil procedure. Accordingly, the article focused on the study of the proposed common minimum standards of the civil procedure by comparing it with the Civil Procedure Code of Ukraine of 2017. Among them are the standards of providing funds, procedures, and measures for effective judicial protection, requirements for hearings, the use of temporary and other security measures, the efficiency of the procedure, the motivation of decisions, general principles of the case management, the order of providing evidence, involvement of experts, legal aid, as well as requirements to prevent abuse of funding by which a person goes to court. Also the approximation of the provisions on the procedure for the services of documents, the provision of the right to have a lawyer in a civil procedure, access to information, interpretation and translation of the documents, determination of the responsibilities of parties and their representatives, requirements for a public trial, ensuring independence, and impartiality of the judges. harmonization of civil procedure european civil procedure principles of civil procedure goals of civil procedure Law K In Наукові записки НаУКМА: Юридичні науки National University of Kyiv-Mohyla Academy, 2020 1(2018), Seite 55-61 (DE-627)1760601861 26630621 nnns volume:1 year:2018 pages:55-61 https://doi.org/10.18523/2617-2607.2018.55-61 kostenfrei https://doaj.org/article/4360bc4b52024b72876c99d5900adea4 kostenfrei http://nrplaw.ukma.edu.ua/article/view/153110 kostenfrei https://doaj.org/toc/2617-2607 Journal toc kostenfrei GBV_USEFLAG_A SYSFLAG_A GBV_DOAJ AR 1 2018 55-61 |
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The aim of this article is to study the notion of “common minimum standards of the civil procedure” proposed by the European Parliament in Resolution of July 4, 2017 (2015/2084 (INL)) with recommendations to the Commission on common minimum standards of the civil procedure in the European Union. It allows a further development and convergence of the civil procedure in the EU and the world – in the light of the Project on European rules of the civil procedure of ELI-Unidroit, ALI-Unidroit Transnational Principles of Civil Procedure, and M. Storm’s Final Report “Approximation of Judiciary Law in the EU”. Trends in the convergence of the civil procedure and overcoming the differences existing in the national legislation of Member States are significant not only for the EU. The reform of the judiciary and civil procedure in Ukraine is aimed at increasing the level of protection of the rights and freedoms and the implementation of the European and worldwide standards of civil justice. The resolution adopted by European Parliament refers to common minimum standards for the civil procedure, and this is the first time when the term was proposed at the level of the EU law, although the approximation of the civil procedural law has been considered for quite a long time. Therefore, the article proposes approaches to the definition of these standards. The main task of the implementation of the common minimum standards of the civil procedure is to ensure the rights of the citizens by establishing minimum standards for the opening, preparation, and resolution of civil cases in the courts of the Member States, which will provide a really new stage in the harmonization of this branch of law and reflect the general desire of the community to define common approaches to the basic provisions of the civil procedure. Accordingly, the article focused on the study of the proposed common minimum standards of the civil procedure by comparing it with the Civil Procedure Code of Ukraine of 2017. Among them are the standards of providing funds, procedures, and measures for effective judicial protection, requirements for hearings, the use of temporary and other security measures, the efficiency of the procedure, the motivation of decisions, general principles of the case management, the order of providing evidence, involvement of experts, legal aid, as well as requirements to prevent abuse of funding by which a person goes to court. Also the approximation of the provisions on the procedure for the services of documents, the provision of the right to have a lawyer in a civil procedure, access to information, interpretation and translation of the documents, determination of the responsibilities of parties and their representatives, requirements for a public trial, ensuring independence, and impartiality of the judges. |
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The aim of this article is to study the notion of “common minimum standards of the civil procedure” proposed by the European Parliament in Resolution of July 4, 2017 (2015/2084 (INL)) with recommendations to the Commission on common minimum standards of the civil procedure in the European Union. It allows a further development and convergence of the civil procedure in the EU and the world – in the light of the Project on European rules of the civil procedure of ELI-Unidroit, ALI-Unidroit Transnational Principles of Civil Procedure, and M. Storm’s Final Report “Approximation of Judiciary Law in the EU”. Trends in the convergence of the civil procedure and overcoming the differences existing in the national legislation of Member States are significant not only for the EU. The reform of the judiciary and civil procedure in Ukraine is aimed at increasing the level of protection of the rights and freedoms and the implementation of the European and worldwide standards of civil justice. The resolution adopted by European Parliament refers to common minimum standards for the civil procedure, and this is the first time when the term was proposed at the level of the EU law, although the approximation of the civil procedural law has been considered for quite a long time. Therefore, the article proposes approaches to the definition of these standards. The main task of the implementation of the common minimum standards of the civil procedure is to ensure the rights of the citizens by establishing minimum standards for the opening, preparation, and resolution of civil cases in the courts of the Member States, which will provide a really new stage in the harmonization of this branch of law and reflect the general desire of the community to define common approaches to the basic provisions of the civil procedure. Accordingly, the article focused on the study of the proposed common minimum standards of the civil procedure by comparing it with the Civil Procedure Code of Ukraine of 2017. Among them are the standards of providing funds, procedures, and measures for effective judicial protection, requirements for hearings, the use of temporary and other security measures, the efficiency of the procedure, the motivation of decisions, general principles of the case management, the order of providing evidence, involvement of experts, legal aid, as well as requirements to prevent abuse of funding by which a person goes to court. Also the approximation of the provisions on the procedure for the services of documents, the provision of the right to have a lawyer in a civil procedure, access to information, interpretation and translation of the documents, determination of the responsibilities of parties and their representatives, requirements for a public trial, ensuring independence, and impartiality of the judges. |
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The aim of this article is to study the notion of “common minimum standards of the civil procedure” proposed by the European Parliament in Resolution of July 4, 2017 (2015/2084 (INL)) with recommendations to the Commission on common minimum standards of the civil procedure in the European Union. It allows a further development and convergence of the civil procedure in the EU and the world – in the light of the Project on European rules of the civil procedure of ELI-Unidroit, ALI-Unidroit Transnational Principles of Civil Procedure, and M. Storm’s Final Report “Approximation of Judiciary Law in the EU”. Trends in the convergence of the civil procedure and overcoming the differences existing in the national legislation of Member States are significant not only for the EU. The reform of the judiciary and civil procedure in Ukraine is aimed at increasing the level of protection of the rights and freedoms and the implementation of the European and worldwide standards of civil justice. The resolution adopted by European Parliament refers to common minimum standards for the civil procedure, and this is the first time when the term was proposed at the level of the EU law, although the approximation of the civil procedural law has been considered for quite a long time. Therefore, the article proposes approaches to the definition of these standards. The main task of the implementation of the common minimum standards of the civil procedure is to ensure the rights of the citizens by establishing minimum standards for the opening, preparation, and resolution of civil cases in the courts of the Member States, which will provide a really new stage in the harmonization of this branch of law and reflect the general desire of the community to define common approaches to the basic provisions of the civil procedure. Accordingly, the article focused on the study of the proposed common minimum standards of the civil procedure by comparing it with the Civil Procedure Code of Ukraine of 2017. Among them are the standards of providing funds, procedures, and measures for effective judicial protection, requirements for hearings, the use of temporary and other security measures, the efficiency of the procedure, the motivation of decisions, general principles of the case management, the order of providing evidence, involvement of experts, legal aid, as well as requirements to prevent abuse of funding by which a person goes to court. Also the approximation of the provisions on the procedure for the services of documents, the provision of the right to have a lawyer in a civil procedure, access to information, interpretation and translation of the documents, determination of the responsibilities of parties and their representatives, requirements for a public trial, ensuring independence, and impartiality of the judges. |
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