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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Erkännande och verkställighet av utländska domar : Kommer det komma en tid för full implementering av principen om ömsesidigt förtroende? / Recognition and enforcement of foreign judgments : Will there be a time for full implementation of the principle of mutual trust?

KARLSSON, JOSEFINE January 2013 (has links)
The economical and judicial cooperation that EU constitutes results in that there is an increasing amount of international disputes arising. These international disputes in turn result in questions concerning private international law. The principle of mutual trust is not only an important principle in the entire judicial cooperation but especially important in the area of private international law. The principle means that the member states have to trust each other and the different legal systems. The aim of the principle is to ensure a well functioning internal market that is permeated by free circulation and freedom of establishment. In order to achieve a well functioning internal market it is necessary that the member states trust each other. The development during the last years have resulted in that the recognition and enforcement have been and will be improved as well as simplified in the entire area of private international law. The question the author has in mind is if there will be a time when the EU and its member states are ready for full implementation of the principle of mutual trust. Such implementation would mean that the member states have to trust each other and the different legal systems completely and be willing to let go of the possibility to refuse to recognise and enforce judgments issued in other member states. The discussion in the paper leads to the conclusion that the author finds it unlikely that there will be such a time. This conclusion is based on the discussion of the development and the reasons behind it and also the situation of the EU today. The economical crisis within the union is also in an aspect likely to have an effect on whether or not member states are willing to trust each other’s legal systems. The result of this situation and the previous development in the area leads the author to the conclusion that it will probably be necessary to maintain some sort of safeguards in the future also, either by grounds for refusal or minimum standards.
2

Evropský zatýkací rozkaz / European arrest warrant

Marunová, Eva January 2011 (has links)
Unstoppable development in every area of life which brings an innovative methods, implements and forms has been an inherent part of the evolution of society for a long time now. Accordingly, the field of international judicial cooperation in criminal matters with phased pressure on the integrating procedures within the framework of the European Union, with the development of international relations between the Member States, and with increased rate of criminal activity exceeding the implementation of free movement of persons within the European Union has been made to reflect introduction of new mechanisms. The main task of such mechanisms is repressing organised crime and cross-border criminal activities, and also protection of fundamental rights of individuals who are suspected of commiting an offence. One of these mechanisms is the European arrest warrant, relatively new legal instrument to which is my diploma work devoted to. This instrument of criminal law based on the principle of mutual recognitions in criminal matters represents not just a symbol of mutual confidence for the Member States reflecting in their systems of criminal justice, but also some achievement of philosophical purpose in integrating aspects or rather ambitions in the field of judicial cooperation in criminal matters. It is...

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