German Civil Judiciary

German Civil Judiciary Viewed comparatively from the Anglo-American perspective, the greater authority of the German judge over fact-gathering comes at the expense of the lawyers for the parties. Adversary influence on fact-gathering is deliberately restrained. Furthermore, in routine civil procedure, German judges do not share power with jurors. There is no civil jury. Because German … Read more

Brussels II

Brussels II in Europe Brussels II and the European Judicial System Description of Brussels II provided by the European Union Commission: The expression Brussels II is often used to refer to Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement […]

Forum

Forum in Europe Definition of Forum

A place ; a Court

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Resource Description

Forum in the Dictionaries, Forum in our legal dictionaries, Related topics, Browse topics from the European Encyclopedia of […]

Non-contractual Obligations

Non-contractual Obligations in Europe Non-contractual obligations and the European Judicial System Description of Non-contractual obligations provided by the European Union Commission: There is a non-contractual obligation where a person who is responsible for loss sustained by another person […]

Convention

Convention in Europe Description of Convention The Concise Encyclopedia of the European Union describes convention in the following terms: [1] A convention is an international treaty, often covering a quasi-ethical area such as environmental protection, asylum, human rights and so forth. […]

International Jurisdiction

International Jurisdiction in Europe International jurisdiction and the European Judicial System Description of International jurisdiction provided by the European Union Commission: International jurisdiction is a specific concept of private international law. It refers to the fact that the […]

Contractual Obligations

Contractual Obligations in Europe The derogations in Article 17 in relation to the E.U. Services Directive The following is an examination of the derogations in article 17 regarding the European Union Servicies Directive [1]: The derogations in Article 17: the Freedom to Provide Services […]

Forum-shopping

Forum-shopping in Europe Forum-shopping and the European Judicial System Description of Forum-shopping provided by the European Union Commission: Forum-shopping is a specific concept of private international law. A person who takes the initiative of bringing a court action may be tempted to […]

Lex Causae

Lex Causae in Europe Lex causae and the European Judicial System Description of Lex causae provided by the European Union Commission: The lex causae is a specific concept of private international law and refers to the law governing the substance of the case, designated by the rules of conflict […]

Community Law

Community Law in Europe Definition of Community Law In accordance with the work A Dictionary of Law, this is a description of Community Law : (Community law, EU law) The law of the European Union (as opposed to the national laws of the member states). It consists of the treaties establishing […]

Case-law

Case-law in Europe Case-law and the European Judicial System Description of Case-law provided by the European Union Commission: Case-law is used internationally to refer to rules of law flowing from a set of convergent decisions of the courts. The case-law of the Court of Justice of the […]

European Law Journal

European Law Journal in Europe European Law Journal and the European Judicial System Resources Popular Topics about European Judicial and European Law European Judicial Network in Criminal Matters Atlas Judicial Europeo (in Spanish) European Judicial Training Network Red Judicial Europea (in […]

European Judicial Training Network

European Judicial Training Network in Europe European Judicial Training Network and the European Judicial System Resources Popular Topics about European Judicial and European Law European Judicial Network in Criminal Matters Atlas Judicial Europeo (in Spanish) European Judicial Training […]

Commission Recommendation

Commission Recommendation in Europe Commission Recommendation and the European Judicial System Description of Commission Recommendation provided by the European Union Commission: In Community law, a Recommendation is a legal instrument that encourages those to whom it is addressed to act in a […]

Brussells I

Brussells I in Europe Brussells I and the European Judicial System Description of Brussells I provided by the European Union Commission: The expression Brussels I is often used to refer to Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and […]

Enforcement

Enforcement in Europe Company Law: Enforcement of security Find out more information about this subject here: Recovery of borrowing from a company Receivership enforcement in the English Law Find out more about enforcement in the English legal system in this entry of the UK Encyclopedia of […]

Lex Loci Delicti

Lex Loci Delicti in Europe Lex loci delicti and the European Judicial System Description of Lex loci delicti provided by the European Union Commission: The lex loci delicti is a specific concept of private international law and refers to the law of the country where, in terms of […]

Uniform Law

Uniform Law in Europe Uniform law and the European Judicial System Description of Uniform law provided by the European Union Commission: Uniform laws are instruments prepared jointly by several States and/or international organisations to help States wishing to reform and modernise their […]

European Law Students Association

European Law Students Association in Europe European Law Students Association and the European Judicial System Resources Popular Topics about European Judicial and European Law European Judicial Network in Criminal Matters Atlas Judicial Europeo (in Spanish) European Judicial Training Network […]

Rome I

Rome I in Europe Rome I and the European Judicial System Description of Rome I provided by the European Union Commission: Rome I is the expression often used for the Convention of 1980 on the law applicable to contractual obligations, signed under the auspices of the European Economic […]

Green Paper

Green Paper in Europe Green Paper (European Commission) and the European Judicial System Description of Green Paper (European Commission) provided by the European Union Commission: A Green Paper is a consultation document published by the Commission on a specific topic to prompt reactions from […]

Commission Communication

Commission Communication in Europe Commission Communication and the European Judicial System Description of Commission Communication provided by the European Union Commission: A Communication is a policy document with no mandatory authority. The Commission takes the initiative of publishing a […]

Recognition

Recognition in Europe Recognition and the European Judicial System Description of Recognition provided by the European Union Commission: Recognition is a specific concept of private international law. Recognising a judgment given in one Member State in another means agreeing that it may have […]

Exequatur

Exequatur in Europe Definition of Exequatur

A permission by a Government to the consul of another State to enter upon the discharge oi his functions. It's issue is entirely discretionary

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Decision

Decision in Europe Description of Decision The Concise Encyclopedia of the European Union describes decision in the following terms: [1] A narrowly focused instrument of Community law which directly affects those to whom it is addressed, without the need for national enabling legislation. […]

Regulation

Regulation in Europe Smart Regulation in Europe: Better Regulation Policy The law should be more understandable, i.e., clearer and more easily accessible either for legal professionals or lay persons. At European level this principle is an integral part of the EU better regulation policy as […]

Directive

Directive in Europe Description of Directive The Concise Encyclopedia of the European Union describes directive in the following terms: [1] Directives have come to symbolise the new constitutional order of Europe even more than their legal brethren, Regulations and Decisions. At the summit […]

Lex Fori

Lex Fori in Europe Definition of Lex Fori

The law of the forum or Court in which a case is tried. More particularly the law relating to procedure or the formalities in force in a given place. See Leroux v. Brown

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Enforceability

Enforceability in Europe Enforceability and the European Judicial System Description of Enforceability provided by the European Union Commission: Enforceability is a concept of civil procedure. Judgments are enforceable in that they can be enforced with the aid, if necessary, of the forces of […]

Applicable Law

Applicable Law in Europe Applicable law and the European Judicial System Description of Applicable law provided by the European Union Commission: Applicable law is a specific concept of private international law and refers to the national law that governs a given question of law in an […]

European Law Institute

European Law Institute in Europe European Law Institute and the European Judicial System Resources Popular Topics about European Judicial and European Law European Judicial Network in Criminal Matters Atlas Judicial Europeo (in Spanish) European Judicial Training Network Red Judicial Europea […]

Court of First Instance

Court of First Instance in Europe Definition of (the European) Court of First Instance In accordance with the work A Dictionary of Law, this is a description of Court of First Instance : The first court of appeal from decisions of the European Commission. Established under powers conferred by […]

Authentic Instrument

Authentic Instrument in Europe Authentic instrument and the European Judicial System Description of Authentic instrument provided by the European Union Commission: An authentic instrument is a document recording a legal act or fact whose authenticity is certified by a public authority. Certain […]

Rome II

Rome II in Europe Rome II and the European Judicial System Description of Rome II provided by the European Union Commission: Rome II is the expression often used for the draft Community instrument on the law applicable to non-contractual obligations. Resources Popular Topics about European […]

Public International Law

Public International Law in Europe Public international law and the European Judicial System Description of Public international law provided by the European Union Commission: Public international law means the set of legal rules governing international relations between public bodies such as […]

German Judiciary

German Judiciary in Europe History By the Judicature Act—Gerichtsverfassungsgesetz—of 1879, the so-called “regular litigious” jurisdiction of the 820 courts of law was rendered uniform throughout the empire, and the courts are now everywhere alike in character and composition; and with the […]

Judges

Judges in Europe Judges in the German Constitution See more about the Basic Law in Germany here. In the Article 95 of the constitutional text appears the Independence of Judges provision, stating the following: (1) The judges are independent and subject only to the law. (2) Judges […]

Criminal Jurisdiction

Criminal Jurisdiction in Europe The Tribunal Correctionnel (France) The Tribunal Correctionnel is located in the Tribunal de Grande Instance. The Judge at the Tribunal Correctionnel These Judges handle minor offenses (delits): theft, fraud, driving under the influence of alcohol, assault […]

Court of Appeal

Definition of Court Of Appeal See Supreme Court of Judicature. You might be interested in the definition of Court Of Appeal in the legal Dictionaries. Cour d’Appel (Court of Appeal in France) The Civil and Criminal Divisions of the Court of Appeal completely re-examine the cases already […]