scholarly journals European Small Claims Procedure in Slovakia

2021 ◽  
Vol 9 (2) ◽  
pp. 114-135
Author(s):  
Mykola Mykhailovych Ostapiak
Keyword(s):  
European Union ◽  
Slovak Republic ◽  
European Parliament ◽  
Civil Procedure ◽  
Court Cases ◽  
The European Union ◽  
Procedure Code ◽  
Small Claims

The paper focuses on the peculiarities of the European Small Claims Procedure and the application of this mechanism in the Slovak Republic. The main provisions of the European Union Regulation (EC) No. 861/2007 (in full Regulation (EC) No. 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure), which introduces this procedure, are investigated, in particular the stages of consideration of the case from the submission of the application by the applicant to the execution of the court judgment and the possibility of appeal. Particular attention is paid to the provisions of the Contentious Civil Procedure Code of the Slovak Republic, which regulates the procedural actions during consideration of small cases, which are not regulated by the above-mentioned European Union Regulation (EC) No. 861/2007. The practical component is analysed on the basis of court cases considered by courts of the first instance in Slovakia. The problematic issues that arise during the application of the European Small Claims Procedure are highlighted.

Die Gerichtsstandvereinbarung zwischen ZPO, EuGVVO und HGÜ

2019 ◽  
Author(s):  
Kai Stefan Danelzik
Keyword(s):  
European Union ◽  
Civil Procedure ◽  
The European Union ◽  
Legal Certainty ◽  
Reform Proposal ◽  
European Directive ◽  
Eu Directive ◽  
Procedure Code ◽  
Area Of Application ◽  
The Eu

For most companies, choice of court agreements are one of the most important legal instruments, with the result that legal certainty and transparency are essential for the functioning of (international) choice of court agreements. This study deals in detail with the legal bases relevant to choice of court agreements and the problems of demarcation that arise with regard to the different constellations of choice of court agreements in international legal relations. The analysis the study conducts shows that with regard to the priority of applying the EU Directive 44/2001 over the German civil procedure code (ZPO), hardly any conceivable area of application for the German ZPO remains. Accordingly, against the background of the results found, the study makes a reform proposal which largely aligns the ZPO with the aforementioned European Directive in order to avoid legal uncertainty and to harmonise the law on choice of court agreements within the European Union.

scholarly journals Harmonization of Transport Charging in Slovak Republic

2020 ◽  
Vol 11 (1) ◽  
pp. 1-12
Author(s):  
Štefan Čarný ◽  
Vladislav Zitrický ◽  
Denis Šipuš
Keyword(s):  
European Union ◽  
European Country ◽  
Slovak Republic ◽  
European Parliament ◽  
White Paper ◽  
Transport Sector ◽  
The European Union ◽  
Ecological Aspect ◽  
Treaty Of Lisbon ◽  
The Future

AbstractInland transport in European Union is facing difficult but fundamental goals to achieve. Most of them are more accurately described in the White Paper on the future of Europe. By signing the Treaty of Lisbon, every European country is obligated to fulfil the legislation of the European Parliament. The main document dealing with the transport issue and ecological aspect of transport is the White Paper, which serves as a fundamental document for establishing the legislation and standards. The European Parliament legislation must be implemented in the national legislation including e. g. regulations, decisions or recommendations of the European Parliament. The legislation based on the White Paper is closely focused on transport and the related ecological aspect. Conclusions of this document lead decisions of EU to take serious actions in many different sectors. The transport sector has a significant impact on our environment and the future of the European Union. The current main goal of transport sector is to achieve reduction in emitting pollutants in our environment, and smoothly transfer to renewable sources of energy or at least trying to minimize the resources per transport performance unit.

Obywatele Unii Europejskiej – wyborcy Parlamentu Europejskiego – parlamentu ponadnarodowego

2016 ◽  
Vol 14 (3) ◽  
pp. 147-162
Author(s):  
Stefan Marek Grochalski
Keyword(s):  
European Union ◽  
Subject Matter ◽  
European Parliament ◽  
Legal Regulations ◽  
The European Union ◽  
Democratic State ◽  
The Subject ◽  
Direct Elections

Parliament – an institution of a democratic state – a member of the Union – is not only an authority but also, as in the case of the European Union, the only directly and universally elected representative body of the European Union. The article presents questions related to the essence of parliament and that of a supranational parliament which are vital while dealing with the subject matter. It proves that the growth of the European Parliament’s powers was the direct reason for departing from the system of delegating representatives to the Parliament for the benefit of direct elections. It presents direct and universal elections to the European Parliament in the context of presenting legal regulations applicable in this respect. It describes a new legal category – citizenship of the European Union – primarily in terms of active and passive suffrage to the European Parliament, as a political entitlement of a citizen of the European Union.

Dochodzenie roszczeń ze sprzedaży towarów w obrocie międzynarodowym na obszarze UE. Zagadnienie jurysdykcji

2016 ◽  
pp. 107-122
Author(s):  
Agata Michalska-Olek
Keyword(s):  
European Union ◽  
European Parliament ◽  
The European Union ◽  
Community Law ◽  
Judicial Decisions ◽  
Cross Border ◽  
National Jurisdiction ◽  
Recognition And Enforcement ◽  
The Way

The article aims to show the possible ways of judicial redress for claims resulting from sales of goods especially including the issue of jurisdiction and application of the provisions of national law or the provisions of Community law. In the article the provisions of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as well as the provisions of regulations of the European Parliament and of the Council were widely discussed. The author discusses in particular the issue related to cross-border contracts for the sales-of-goods within the European Union. Part of the deliberations concerns judicial rulings, in particular judicial decisions issued in cases in which the court shall consider the issue of jurisdiction of its own motion. In the conclusion of the article it is stated that the choice between the national jurisdiction and the jurisdiction of other states will depend on the terms of agreement between the parties as well as the documents related to the transaction, in particular consignment notes (CMR), and the EXW clauses – such a formulation means that the parties agreed to the way of delivery of goods according to the commercial (Incoterms) clauses, determining in such a way the issue of jurisdiction.

TTIP, CETA, and TiSA Behind Closed Doors

2017 ◽  
Author(s):  
Panagiotis Delimatsis
Keyword(s):  
European Union ◽  
Global Governance ◽  
Early Stage ◽  
European Parliament ◽  
Trade Negotiations ◽  
The European Union ◽  
The Us ◽  
The Eu

Secrecy and informality rather than transparency traditionally reign trade negotiations at the bilateral, regional, and multilateral levels. Yet, transparency ranks among the most basic desiderata in the grammar of global governance and has been regarded as positively related to legitimacy. In the EU’s case, transparent trade diplomacy is quintessential for constitutional—but also for broader political—reasons. First, even if trade matters fall within the EU’s exclusive competence, the EU executive is bound by the Treaty on the Functioning of the European Union (TFEU) to inform the European Parliament, the EU co-legislator, in regular intervals. Second, transparency at an early stage is important to address public reluctance, suspicion, or even opposition regarding a particular trade deal. This chapter chronicles the quest for and turning moments relating to transparency during the EU trade negotiations with Canada (CETA); the US (TTIP), and various WTO members on services (TiSA).

Moving Beyond Procedure

2002 ◽  
Vol 35 (7) ◽  
pp. 784-813 ◽  
Author(s):  
AMIE KREPPEL
Keyword(s):  
European Union ◽  
European Parliament ◽  
Decision Procedures ◽  
The Other ◽  
Current Debate ◽  
Legislative Process ◽  
The European Union ◽  
The Impact ◽  
Legislative Influence

This article examines the influence of the European Parliament (EP) within the legislative process of the European Union. Although debate over the impact of the cooperation and co-decision I procedures continues, this article argues that, in part, the current theoretical debate is a false one that has caused many of the other important variables that affect EP legislative influence to be ignored. This article briefly revisits the current debate, then proceeds to an analysis of the success of more than 1,000 EP amendments under the cooperation and co-decision procedures. This evidence suggests that numerous other variables, such as internal EP unity and type of amendment made, have a significant impact on EP success, even controlling for procedure. In addition, this comparison points out some empirical differences between the two procedures that have been largely ignored in the theoretical debate but that nonetheless have a significant impact of EP success and merit further study.

General Overview of Private Damages Claims

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Eleonora Mateina ◽  
Keyword(s):  
European Union ◽  
Competition Law ◽  
European Parliament ◽  
The European Union ◽  
Member States ◽  
General Overview

This article aims to provide a general overview of the regime of claims for private damages caused by breaches of competition law. The possibility for private damages claims existed even prior the adoption of the Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. Nevertheless, these claims were not popular among the business, even when the Commission for Protection of competition established breaches and imposed sanctions for breach of competition. With the transposition of the directive in the Bulgarian Competition Protection Act, an increased interest towards private damages claims is expected.

Slowakische Republik (Slovak Republic) v. Achmea BV (C.J.E.U.)

2019 ◽  
Vol 58 (5) ◽  
pp. 1101-1113
Author(s):  
Jawad Ahmad
Keyword(s):  
Adverse Effect ◽  
European Union ◽  
The Netherlands ◽  
Slovak Republic ◽  
Bilateral Investment Treaties ◽  
Eu Law ◽  
The European Union ◽  
Important Decision ◽  
Court Of Justice ◽  
Energy Charter Treaty

On March 6, 2018, the Court of Justice of the European Union (CJEU) found in Slowakische Republik (Slovak Republic) v. Achmea B.V. that the arbitration agreement contained in the 1991 Agreement on Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and the Czech and Slovak Federative Republic (BIT) had an adverse effect on the autonomy of EU law and, thus, was incompatible with EU law. This important decision has ignited a debate on the compatibility of other arbitration agreements in both intra-EU bilateral investment treaties (intra-EU BITs) and in the Energy Charter Treaty (ECT) with EU law.

Sign in / Sign up

Export Citation Format

Share Document