DOCSLIB.ORG

HANDBOOK English for Judicial Cooperation in Civil Matters

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
HANDBOOK English for Judicial Cooperation in Civil Matters Linguistics Linguistque HANDBOOK English for Judicial Cooperation in Civil Matters With financial support from the Justice Programme of the European Union Avec le soutien financier du Programme Justice de l’Union européenne 3 Copyright Note This Handbook has been compiled solely for educational purposes. All the texts and materials included in this Handbook, except where otherwise stated, are the exclusive Property of the European Judicial Training Network (EJTN). Absolutely no reproduction of the contents of this Handbook, in whole or in part, may be made without the express written permission of EJTN. Extracts of the Handbook may be reviewed, reproduced or translated for private study only. This excludes sale or any other use in conjunction with a commercial purpose. Any public legal use or reference to the Handbook should be accompanied by an acknowledgment of EJTN as the source and by a mention of the author of the text referred to. Disclaimer The contents and views expressed herein reflect only those of EJTN and the European Commission is not responsible for any use that may be made of these contents and views. Edition 2016 Linguistics Linguistque European Judicial Training Network Réseau européen de formation judiciaire With financial support from the Justice Programme of the European Union Avec le soutien financier du Programme Justice de l’Union européenne ISBN-NUMBER: 9789081999076 EAN: 9789081999076 3 Foreword of the EJTN’s Secretary General Mastering a foreign language and its legal terminology is important and should form part of the continu- ous training of legal practitioners. It is a precondition to effective contacts across Member States, which are in turn the cornerstone for judicial cooperation. It is essential that all stakeholders pay attention to training on legal terminology of foreign languages.* The European Judicial Training Network (EJTN) devotes special attention to designing and implementing linguistic training activities for members of the judiciaries of EU Member States. EU judges and prosecutors benefit from EJTN’s high quality training programmes, which are supported by the European Commission. EJTN courses aim at developing participants’ legal and linguistics skills by combining legal knowledge and English and French language exercises in a practical and dynamic way. This offering includes highly acclaimed linguistic trainings on the vocabulary of judicial cooperation in criminal/civil matters, human rights, family law, competition law and cybercrime. This Handbook is a 2nd edition of compilation of the most relevant training materials used in EJTN’s judicial cooperation in civil matters linguistic courses. It is addressed not only to participants, but also to all European judges and public prosecutors interested in developing their linguistic skills. Definitions, exercises and examinations of real cases make the Handbook an invaluable, hands-on resource for any judge, prosecutor or trainer involved in linguistics endeavours. On behalf of EJTN, I would like to express my sincere gratefulness to the authors of the texts and exercises in the Handbook for their dedicated work as well as to EJTN Project Coordinator, Mrs Carmen Domuta, for her excellent accomplishments in executing the EJTN linguistics activities. Enjoy using this Handbook! Wojciech Postulski EJTN Secretary General * European Commission – Communication of 13 September 2011 on Building trust in EU-Wide Justice, A new dimension to European judicial training (COM (2011) 551) 4 5 List of authors and coordinator CAMPOS PARDILLOS, MIGUEL ÁNGEL Lecturer in Legal English and Translation, Department of English, University of Alicante CONSTANTINESCU, ROXANA University English assistant, National School of Political and Administrative Studies, Bucharest, Legal English Trainer, National Institute of Magistracy, Bucharest GALIČ, ALEŠ Professor of civil procedure and European civil procedure, University of Ljubljana, Faculty of Law; legal advisor to the Constitutional Court of Slovenia (Introduction to units 2, 5, 7) PUIG BLANES, FRANCISCO DE PAULA Senior Judge in the Civil Court of Barcelona (Introduction to unit 3, English translation of Introduction to unit 6) RAMASCANU, BEATRICE Judge, Legal Trainer, National Institute of Magistracy, Bucharest (Introduction to unit 4) SAMANIEGO FERNÁNDEZ, EVA Lecturer in Legal English and Translation. Departamento de Filologías Extranjeras, UNED, Spain. Teacher of Legal English for the Spanish Council of the Judiciary, ERA and Eurojust. WALBAUM ROBINSON, ISABEL ALICE Lecturer in Legal Linguistics, Department of Law, University of Rome Three (Università degli Studi, Roma Tre). Legal English educator for the Italian National School of Magistrates, Florence and the Italian National Advocacy School, Rome Other (for more information see p. 4 of the French part): Catherine Gaudet (Introduction to unit 6) EDITOR: CAMPOS PARDILLOS, MIGUEL ÁNGEL COORDINATOR DOMUTA, CARMEN, Senior Project Manager, Head of Programmes Unit European Judicial Training Network 5 Table of contents: Unit 1. Introduction to Legal English and EU Legal English | 6 Unit 2. Civil judicial cooperation | 16 Unit 3. Jurisdiction, recognition and enforcement of judgments in civil and commercial matters | 27 Unit 4. Jurisdiction, recognition and enforcement in matrimonial and parental responsibility matters | 43 Unit 5. Service of judicial and extrajudicial documents | 56 Unit 6. Taking of evidence | 69 Unit 7. European Order for Payment Procedure | 80 Answer Key | 99 Glossary | 109 Bibliography | 115 6 7 UNIT 1 LEGAL ENGLISH AND EU LEGAL ENGLISH INTRODUCTION: WHAT IS LEGAL ENGLISH?1 In this chapter, we shall give a brief description of the distinctive features of Legal English, which can be divided into two categories: those having to do with legal vocabulary, and those having to do with syntax. A. Legal vocabulary Legal vocabulary may be classified into three types: a) technical terminology, i.e. words specifically belonging to legal contexts (“distraint”, “litigation”, “indemnity”, “condonation”, “alimony”, “collusion”); b) terms whose meaning in legal contexts differs from the one they possess in general language, also called “subtechnical” or “semitechnical terms” (e.g. “action” meaning “suit” or “proceedings”, “service” meaning “notification”, “hand” meaning “signature”, etc. c) general terms that are used in legal contexts, such as “theft”, “witness”, “judge”, etc. Some of the technical words and/or expressions come from other languages, either in their original form or adapted into English pronunciation, spelling or structure. These can be Latinisms, either in their original form (prima facie, bona fide), adapted into English (“abscond”, “insolvent”) or direct translations from Latin expressions (e.g. “law merchant”, from lex mercatoria), “last will” (ultima voluntas), “burden of proof” (onus probandi). Also, there are words of French origin, some of which have been imported directly, such as “fait accompli”, “force majeure”, etc., whereas others have been translated directly, such as “under pain of” (sous peine de), or “plead guilty” (plaider coupable), and yet others have been adapted (such as “salvage”, “towage”, “anchorage” or “demurrage”). In general, the vocabulary of Legal English is characterized by a great degree of formality. This is partly brought about by a high frequency of terms of Greek or Latin origin, but also by some specific features, namely: a) archaisms and formal expressions: “whilst”, “showeth”, “witnesseth”, etc.; b) complex prepositions: “by virtue of” (instead of “by”), “in the event of” (instead of “if”), “in pursuance of” (instead of “under” or “according to”), “having regard to” (instead of “considering”) etc.; 1 The Legal English section of the Introduction has been prepared by Eva Samaniego Fernández and Miguel Ángel Campos Par- dillos (pp. 7-9). The EU Legal English section of the Introduction has been prepared by Isabel Alice Walbaum Robinson (pp. 9-12). 7 c) binomial or multinomial expressions, i.e. combinations of two or more elements with a similar meaning, such as “act or omission”, “advice and consent”, “under or in accordance with”, “rest, residue and remainder” or “give, devise and bequeath”; d) compound prepositions and adverbs, such as “herein” (meaning “in this document” or “mentioned here”), “hereby” (“by this document”) or “thereafter” (“after that, in the future”); e) choice of words pertaining to a higher register, e.g “append” (instead of “attach”), “deem” (“consider”), “expedite” (“hasten”) or “initiate/commence” (“begin, start”); f) nominalization, i.e. the use of nouns instead of verbs, sometimes through the conversion of verbs into nouns (“to study – “make a study”) or through derivation (by adding suffix like “-ism”, “-tion”, “-ure”, amongst others; g) post-modification, which is a result of nominalization, whereby a number of elements follow the noun for greater accuracy or in order to avoid ambiguity, as in “on the payment to the Owner of the total amount of any installments then remaining unpaid of the rent hereinbefore reserved and agreed to be paid and the further sum of ten shillings (...)”. B. Legal syntax There are also some specific features characterizing English syntax and sentence structure, which include the following: a) lexical repetition as a reference mechanism; instead of “it” or “this” or any other pronoun, legal English prefers to use specific words like “the aforesaid” or “the aforementioned”, or simply to repeat words, e.g. “The SEC has reinforced the insider trading
Load more

Recommended publications
  • No. 7625 AUSTRIA, FEDERAL REPUBLIC of GERMANY
    No. 7625 AUSTRIA, FEDERAL REPUBLIC OF GERMANY, FINLAND, FRANCE, GREECE, etc. Convention (with annex) abolishing the requirement of legalisation for foreign public documents. Opened for signature at The Hague, on 5 October 1961 Official texts: French and English. Registered by the Netherlands on 1 March 1965. AUTRICHE, RÉPUBLIQUE FÉDÉRALE D'ALLEMAGNE, FINLANDE, FRANCE, GRÈCE, etc. Convention (avec annexe) supprimant l'exigence de la léga lisation des actes publics étrangers. Ouverte à la signa ture à La Haye, le 5 octobre 1961 Textes officiels français et anglais. Enregistrée par les Pays-Bas le 1" mars 1965. 1965 Nations Unies Recueil des Traités 191 No. 7625. CONVENTION 1 ABOLISHING THE REQUIRE MENT OF LEGALISATION FOR FOREIGN PUBLIC DOCU MENTS. OPENED FOR SIGNATURE AT THE HAGUE, ON 5 OCTOBER 1961 The States signatory to the present Convention, Desiring to abolish the requirement of diplomatic or consular legalisation for foreign public documents, Have resolved to conclude a Convention to this effect and have agreed upon the following provisions : Article 1 The present Convention shall apply to public documents which have been executed in the territory of one contracting State and which have to be produced in the territory of another contracting State. For the purposes of the present Convention, the following are deemed© to be public documents : «) documents emanating from an authority or an official connected with the courts or tribunals of the State, including those emanating from a public prosecutor, a clerk of a court or a process server (huissier de justice] ; b) administrative documents ; c) notarial acts ; d) official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authen tications of signatures.
    [Show full text]
  • The French Constat: Discovering More Efficient Discovery by Robert Emerson
    The Constat 1 The French Constat: Discovering More Efficient Discovery By Robert Emerson In France and some other Civil Code nations, the constat is a written report relating facts likely to lead to legal consequences. This report, prepared by a legally trained huissier, may be either ordered by a judge or requested by an individual. The constat has no American counterpart, but there are immense benefits to introducing it into the American legal system. Introduction The profession exercised by French jurists known as huissiers de justice has no American equivalent and, fittingly, there is no simple English translation for the word huissier. According to Martin Weston, the Senior Translator at the European Court of Human Rights in Strasbourg, the only reasonably precise translation is “’court usher and bailiff,’ though either ‘court usher’ or ‘bailiff’ will usually suffice when the text is clearly referring to only one function or the other.”1 Therefore, the traditional English translation of “bailiff” is not necessarily comprehensive or exact to encompass the multiple roles that the huissiers de justice serve in the French legal system.2 This last function, the execution of constats (translated as “findings” from the French “constatations”), has no American counterpart,3 and its potential benefits if introduced into the American legal system are the focus of this Article. 1 MARTIN WESTON, AN ENGLISH READER’S GUIDE TO THE FRENCH LEGAL SYSTEM 107– 08 (2d ed. 1991)(citing O’Rooney, Notes on the Criminal Laws and Related Matters in Certain Countries, U.N. Office of Conference Services, English Section, n.d. (1962)).
    [Show full text]
  • Practical Handbook on the Operation of the Service Convention
    Practical Convention on the Operation Handbook of the Service s v Hague Conference on Private International Law Permanent Bureau Practical HandbookOnly Churchillplein 6b 2517 JW The Hague The Netherlands on the Operationer w+31 70 363 3303 Use +31 70 360 4867 of the Service [email protected] i www.hcch.net Convention c Official For e Only Use Official For Only Practical HandbookUse on the Operation of the Service Convention Official For Only Use Published by The Hague Conference on Private International Law Permanent Bureau Churchillplein 6b 2517 JW The Hague The Netherlands Official +31 70 363 3303 +31 70 360 4867 [email protected] www.hcch.net For © Hague Conference on Private International Law 2016 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, including photocopying or recording, without the written permission of the Permanent Bureau of the Hague Conference. ISBN 978-94-90265-47-2 Published in The Hague, the Netherlands Foreword On the occasion of the 50th anniversary of the conclusion of the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, it is my great pleasure to present this updated and expanded 4th edition of the Practical Handbook on the Operation of the Service Convention. Since the publication of the 3rd edition of this Handbook in 2006 (whichOnly I had the pleasure to prepare with the assistance of Ms Laurence Thébault), there have been important developments in case law and State practice in relation to the Hague Service Convention.
    [Show full text]
  • Cepej(2021)10
    Strasbourg, 23 June 2021 CEPEJ(2021)10 EUROPEAN COMMISSION FOR THE EFFICENCY OF JUSTICE (CEPEJ) 36th plenary meeting Strasbourg, 16 and 17 June 2021 (on-line meeting) Abridged report A) FOREWORD The European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe held its 36th online plenary meeting on 16 and 17 June 2021. The meeting was chaired by Mr Ramin GARAGURBANLI (Azerbaijan), President of the CEPEJ. The Director of Human Rights, Mr Christophe POIREL recalled the challenges and principal work to be examined during this meeting and introduced Mr Mikhail LOBOV, Head of the Department for the Implementation of Human Rights, Justice and Legal Co-operation Standards, within which the CEPEJ will henceforth be integrated. The agenda and the list of participants appear as appendices. B) LIST OF ITEMS DISCUSSED AND DECISIONS TAKEN BY THE CEPEJ The CEPEJ: 1. Quality of justice • decided to postpone the adoption of the roadmap for the establishment of a certification mechanism for artificial intelligence tools and services in the legal and judicial field to the next CEPEJ plenary meeting on 8 December and instructs the CEPEJ Bureau and its Working Group on Quality of Justice (CEPEJ-GT- QUAL) to refine the document, in light of the discussions with the other partners working on artificial intelligence, and in particular the European Commission concerning the proposal for a regulation on harmonised rules on artificial intelligence (COM(2021)206 final); • adopted the document for a better integration of the user in the judicial
    [Show full text]
  • Manuel Pratique Sur Le Fonctionnement De La Convention Notification (Projet Révisé)
    NOTIFICATION / PREUVES / ACCÈS À LA JUSTICE SERVICE / EVIDENCE / ACCESS TO JUSTICE Doc. prél. No 2 Prel. Doc. No 2 mai / May 2014 (Édition provisoire dans l’attente de l’achèvement de la version française / Provisional edition pending completion of the French version) MANUEL PRATIQUE SUR LE FONCTIONNEMENT DE LA CONVENTION NOTIFICATION (PROJET RÉVISÉ) établi par le Bureau Permanent * * * PRACTICAL HANDBOOK ON THE OPERATION OF THE SERVICE CONVENTION (DRAFT REVISED VERSION) drawn up by the Permanent Bureau Please note that the changes made to the current version of the Handbook are shown in mark-up Veuillez noter que la version actuelle du Manuel est présentée en suivi des modifications Document préliminaire No 2 de mai 2014 à l'attention de la Commission spéciale de mai 2014 sur le fonctionnement pratique des Conventions de La Haye Notification, Preuves et Accès à la Justice Preliminary Document No 2 of May 2014 for the attention of the Special Commission of May 2014 on the practical operation of the Hague Service, Evidence and Access to Justice Conventions Permanent Bureau | Bureau Permanent 6, Scheveningseweg 2517 KT The Hague | La Haye The Netherlands | Pays-Bas telephone | téléphone +31 (70) 363 3303 fax | télécopieur +31 (70) 360 4867 e-mail | courriel [email protected] website | site web http://www.hcch.net MANUEL PRATIQUE SUR LE FONCTIONNEMENT DE LA CONVENTION NOTIFICATION (PROJET RÉVISÉ) établi par le Bureau Permanent * * * PRACTICAL HANDBOOK ON THE OPERATION OF THE SERVICE CONVENTION (DRAFT REVISED VERSION) drawn up by the Permanent Bureau FOREWORD [to be updated] Forty years after its adoption, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters remains an essential tool of international judicial cooperation and practice.
    [Show full text]
  • Guide to Cross-Border Secured Transactions
    Guide to Cross-Border Secured Transactions December 2013 Contents Introduction 1 Highlights and Recommendations 2 Country guides 11 Belarus 13 Belgium 17 Bulgaria 23 Chile 27 Colombia 31 Croatia 37 Czech Republic 41 England & Wales 45 Estonia 51 Finland 53 France 57 Germany 63 Hungary 67 Italy 73 Latvia 77 Lithuania 81 Luxembourg 85 The Netherlands 91 Poland 95 Romania 99 Russia 103 Serbia 107 Slovenia 111 Spain 117 Switzerland 123 Thailand 127 Ukraine 131 The right choice 135 Deloitte Legal's Services 136 Deloitte Legal's Capabilities 137 Introduction Dear Reader, In a globalized world, many companies engage daily in cross-border commercial transactions. This requires dealings to be structured in a manner that suitably manages risk. As this is commonly achieved via security agreements, familiarity with the specifics of cross-border taking and enforcing of security in various jurisdictions can help companies safely conduct businesses outside their home countries. To do this, companies need current, easy-to-use information relative to secured transactions in the jurisdictions where they do business. As a result, the Deloitte Legal Guide to Secured Transactions was produced by legal practices of the Deloitte Touche Tohmatsu Limited member firms from 27 jurisdictions* across Europe, South America and South-East Asia. It was prepared based on research carried out during 2012-2013 in each of these jurisdictions, and includes country-specific information provided by local lawyers. This guide is intended to be a useful tool for creditors and
    [Show full text]
  • Manual on International Cooperation in Criminal Matters Related to Terrorism
    Vienna International Centre, PO Box 500, 1400 Vienna, Austria Tel: (+43-1) 26060-0, Fax: (+43-1) 26060-5565, www.unodc.org Manual on International Cooperation in Criminal Matters related to Terrorism FOR UNITED NATIONS USE ONLY *0856712* Printed in Austria V.08-55977—July 2009—1,000 UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Manual on International Cooperation in Criminal Matters related to Terrorism UNITED NATIONS New York, 2009 Preface The Terrorism Prevention Branch of the United Nations Office on Drugs and Crime (UNODC), as mandated by the General Assembly, provides assistance to requesting countries in the legal and related aspects of counter-terrorism, especially for the purposes of ratifying and implementing the universal legal instruments against terrorism and strengthening the capacity of national criminal justice systems to apply the provisions of those instruments in compliance with the principles of the rule of law. In order to assist Member States in understanding the provisions contained in the universal instruments, drafting new legislation that complies with the requirements of the universal instruments and enhancing international cooperation in criminal matters relating to terrorism, UNODC has developed a number of technical assistance tools. One of these tools is the present Manual on International Cooperation in Criminal Matters related to Terrorism, which has been developed to enable legal practitioners specialized in the fight against terrorism to efficiently and speedily utilize international cooperation measures such as extradition and mutual legal assistance, as well as to give them practical advice concerning the difficulties and obstacles they may encounter. It can also serve as an educational tool to be used in the training of legal practitioners in the fight against terrorism.
    [Show full text]
  • Service of Claim Documents Within the Jurisdiction and Abroad Q&A: France
    Service of claim documents within the jurisdiction and..., Practical Law Country... Service of claim documents within the jurisdiction and abroad Q&A: France by Franck Poindessault and Antoine Beauquier, Boken Country Q&A | Law stated as at 31-Mar-2020 | France France-specific information setting out the framework for service of claim documents (in relation to domestic and foreign proceedings) within the jurisdiction, and service of claim documents outside the jurisdiction. Starting civil proceedings 1. How are civil proceedings commenced in your jurisdiction? Do the rules permit the filing of documents containing the details of claim electronically? Procedural formalities and documents to be filed in the court The claimant begins civil proceedings by serving the claim to the defendant. It is possible to begin civil proceedings by filing the claim with the court first. However, this is only possibly in specific circumstances, for example, in the case of a "procedure à jour fixé" for urgent matters where it is important to file with the court first. Rarely, it is possible to file a request directly with the court where the parties agree to appear before the judge and file a stipulated request. Under Article 56 of the Civil Procedure Code (Code de Procédure Civile) (CPC), there are certain terms and details that must be included in the claim, including some specific to the type of court presiding over the claim. The claim must state the competent court. Articles 752 and 855 of the CPC apply to the Tribunal Judiciaire and the Commercial Court (Tribunal de Commerce) respectively. The claimant must hire a huissier de justice (bailiff) to serve the claim on the defendant.
    [Show full text]
  • Sc 2007 Child Support / Maintenance June 2021 (Tbd) Prel
    SC 2007 CHILD SUPPORT / MAINTENANCE JUNE 2021 (TBD) PREL. DOC. NO 4 (SECOND REVISED VERSION) Compilation of responses received to the August 2019 Title Questionnaire on the 2007 Child Support Convention Prel. Doc. No 4 of October 2020 (second revised version) – Document available in English only with responses in the language in which they were received Author PB Agenda Item TBD Mandate(s) C&R No 28 of the 2019 CGAP; C&D Nos 22-24 of the 2020 CGAP To share responses received until 27 October 2020 from Members of Objective HCCH to Prel. Doc. No 1 of August 2019 For Action ☐ For Approval Action to be Taken ☐ For Decision ☐ For Information ☒ Annexes N.A. Prel. Doc. No 1 of August 2019 – Questionnaire on the practical operation of the Convention of 23 November 2007 on the Related Documents International Recovery of Child Support and Other Forms of Family Maintenance Hague Conference on Private International Law Conférence de La Haye de droit international privé [email protected] www.hcch.net Regional Office for Asia and the Pacific (ROAP) Bureau régional pour l’Asie et le Pacifique (BRAP) Regional Office for Latin America and the Caribbean (ROLAC) Bureau régional pour l’Amérique latine et les Caraïbes (BRALC) QUESTIONNAIRE ON THE PRACTICAL OPERATION OF THE CONVENTION OF 23 NOVEMBER 2007 ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAINTENANCE Wherever your replies to this Questionnaire make reference to domestic legislation, rules, guidance or case law relating to the practical operation of the 2007 Convention, please provide a copy of the referenced documentation in (a) the original language and, (b) wherever possible, accompanied by a translation into English and / or French.
    [Show full text]
  • The French Constat: Discovering More Efficient Discovery
    EMERSON FINAL MACRO (DO NOT DELETE) 12/20/2017 1:00 PM THE FRENCH CONSTAT: DISCOVERING MORE EFFICIENT DISCOVERY Robert W. Emerson I. INTRODUCTION ................................................................................... 3 II. HUISSIER AND THEIR REPORTS .......................................................... 6 A. The Huissier Profession .............................................................. 6 1. Functions, Education, and Regulation................................... 6 2. A Negative Social Image ...................................................... 8 B. The Huissier’s Factfinding Report, the Constat ....................... 13 1. The Requirements of the Constat ........................................ 18 2. The Patent-Infringement Cousin of the Constat: The Saisie-Contrefaçon .............................................................. 22 III. ADOPTING THE CONSTAT: HOW AND WHY? .................................... 25 A. Inefficiency of the American Legal System as Compared to the French ................................................................................. 25 B. Inefficiency in the American Discovery Process ....................... 29 C. Benefits of Adopting the Constat ............................................... 30 D. Adapting the Constat: Uses and Limitations ............................ 32 1. Specific Uses of the Constat: Intellectual Property ............ 35 i. Trademark Infringement ............................................... 36 ii. Copyright Infringement ...............................................
    [Show full text]
  • PC-OC (2013) 01 Rev
    http://www.coe.int/tcj Strasbourg, 13 May 2013 PC-OC (2013) 01 rev. Bil. [PC-OC/Docs 2013/ PC-OC(2013)1rev.] EUROPEAN COMMITTEE ON CRIME PROBLEMS (CDPC) COMITE EUROPEEN POUR LES PROBLEMES CRIMINELS (CDPC) COMMITTEE OF EXPERTS ON THE OPERATION OF EUROPEAN CONVENTIONS ON CO-OPERATION IN CRIMINAL MATTERS (PC-OC) COMITE D'EXPERTS SUR LE FONCTIONNEMENT DES CONVENTIONS EUROPEENNES SUR LA COOPERATION DANS LE DOMAINE PENAL (PC-OC) Questionnaire concerning judgments in absentia and the possibility of retrial Summary and Compilation of Replies Questionnaire concernant les jugements par défaut et la possibilité d'être rejugé Résumé et compilation des réponses Replies received from: Albania, Armenia, Austria, Belgium, Bosnia and Herzegovina, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Iceland, Ireland, Italy, Latvia, Liechtenstein, Malta, the Republic of Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Russian Federation, Serbia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom PC-OC (2013) 01rev 2 Contents/ Table des matières Introduction (English).......................................................................................................................4 Summary of replies to the questionnaire.........................................................................................6 Introduction (français) ....................................................................................................................11 Synthèse
    [Show full text]
  • The French Huissier As a Model for U.S. Civil Procedure Reform
    University of Michigan Journal of Law Reform Volume 43 2010 The French Huissier as a Model for U.S. Civil Procedure Reform Robert W. Emerson Warrington College of Business Administration, University of Florida Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Comparative and Foreign Law Commons, Courts Commons, Evidence Commons, and the Litigation Commons Recommended Citation Robert W. Emerson, The French Huissier as a Model for U.S. Civil Procedure Reform, 43 U. MICH. J. L. REFORM 1043 (2010). Available at: https://repository.law.umich.edu/mjlr/vol43/iss4/5 This Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. THE FRENCH HUISSIER AS A MODEL FOR U.S. CIVIL PROCEDURE REFORM Robert W. Emerson* Huissiers dejustice serve multiple roles in the French legal system. One is that of a court officer who compiles dossiers (reports). In that role, the huissier is d'audiencier (literally translated as "hearing"or "assisting")and works directly for the court system itself The huissier's report remains alien to the American lawyer, who is steeped in no- tions of procedure and "testimonialism" and in principles of fairness which appear ancient, but are rather modern dissimulations of law and equity's rich his- tory in the American tradition.
    [Show full text]