Open Access. Powered by Scholars. Published by Universities.®
- Keyword
Articles 1 - 2 of 2
Full-Text Articles in Jurisprudence
The Enforcement Of Foreign Judgments In The Jurisprudence Of The European Court Of Human Rights, Theodor Jr Schilling
The Enforcement Of Foreign Judgments In The Jurisprudence Of The European Court Of Human Rights, Theodor Jr Schilling
Theodor JR Schilling
The enforcement of foreign judgments is a matter of choice for the States. The ECtHR has recognised the value of exequatur proceedings in protecting human rights of the foreign-judgment debtor. On the other hand, the Court postulates, in principle, a human right of the foreign-judgment creditor to an exequatur. The Court has to find a reasonably closed system guaranteeing both rights while at the same time paying due respect to the Convention States' margin of appreciation. The present contribution will discuss how the Court's jurisprudence fits the States' preoccupations on this subject as reflected in general international law and in …
The European Court Of Justice's Revolution: Its Effects And The Conditions For Its Consummation. What Europe Can Learn From Fiji, Theodor Jr Schilling
The European Court Of Justice's Revolution: Its Effects And The Conditions For Its Consummation. What Europe Can Learn From Fiji, Theodor Jr Schilling
Theodor JR Schilling
This article will first try to develop a strictly positivist view of the relationship between the Community and Member State legal systems. Starting from the assumption that the Community legal system is based on a revolution by the Court of Justice it will claim that this revolution does not (yet) apply to the Member State legal systems. In doing so, it will distinguish between an external, pluralistic, and an internal, monistic view of the systems in question. Taking the external point of view, this article will deny that there is, in our day, a single unified system comprising both the …