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

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

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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 Helicopter Kit 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 Rolling Trays 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.