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Vol 21 No 11 Nov/Dec 2016

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Dimensions of Evidence in European Civil Procedure


ISBN13: 9789041166623
Published: December 2015
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £144.00



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Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact- finding. Under European law, however, no clear-cut categoriszation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered ‘evidence’ in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER).

The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings.

Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today.

  • judicial cooperation in cross-border cases; ;
  • general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof);
  • judges’ case management powers regarding evidence;
  • means of evidence;
  • extent of influence of traditional principles and evidentiary rules on electronic evidence;
  • application of communication technology in cross-border proceedings;
  • legal costs;
  • language;
  • inadmissible evidence; and
  • instances in which a court can refuse a request for evidence.
The authors offer well-grounded recommendations on requested judge’s entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more.

Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.

Subjects:
Evidence, EU Law
Contents:
Editors.
Contributors.
Preface.
Introduction. Vesna Rijavec.

CHAPTER 1 Evidence Law in an International Context: The Principles of Transnational Civil Procedure C.H. van Rhee.
CHAPTER 2 Evidence in European Civil Procedure Robert Turner.
CHAPTER 3 Fundamental Principles of Taking Evidence in Civil Procedure.
CHAPTER 4 Means of Proof Darius Bolzanas & Egidija Tamošiūnienė .
CHAPTER 5 Inadmissible Evidence: Illegally Obtained Evidence and the Limits of the Judicial Establishment of the Truth Bettina Nunner-Krautgasser & Philipp Anzenberger.
CHAPTER 6 Other Issues Riikka Koulu.
CHAPTER 7 Common Core After All? Tomaž Keresteš & José Caremelo Gomes .
CHAPTER 8 Assessment of Evidence Regulation Vesna Rijavec & Aleš Galič.

Appendix: Cross-Border Taking of Evidence: European Case Studies.
Table of Legal of Sources: EU.
Other.
Index