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Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters
Taking of evidence in civil cases prior to the regulation was done by either under the Hague Evidence Convention or by means of a letter rogatory (also called a letter of request), a formal request from a court in one country to take evidence to another in which the witness is domiciled. This formal document usually required transmission from the originating court to the Ministry of Foreign Affairs (MFA) in the state of origin, who then forwarded it, possibly through various embassies, to the MFA in the destination state. The foreign MFA would then pass the documents to the judicial authorities in that state, who would then go about obtaining the required evidence. The evidence would then be returned via the same long winded channels.
This regulation enables a somewhat simplified route by allowing direct contact between the courts in the member states. A standardised request form included in the annex to the regulation must be used. This aids the process by being widely recognised by the relevant authorities. The regulation also contains various articles to promote the use of communication technologies such as telephone conferencing and videoconferencing.
In an extradition, one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction.
Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party, court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding before the court, body, or other tribunal.
Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well-known, or so authoritatively attested, that it cannot reasonably be doubted. This is done upon the request of the party seeking to rely on the fact at issue. Facts and materials admitted under judicial notice are accepted without being formally introduced by a witness or other rule of evidence, even if one party wishes to plead evidence to the contrary.
The European Public Prosecutor's Office (EPPO) is an independent body of the European Union (EU) with juridical personality, established under the Treaty of Lisbon between 22 of the 27 states of the EU following the method of enhanced cooperation. It is based in Kirchberg, Luxembourg City alongside the Court of Justice of the European Union (CJEU) and the European Court of Auditors (ECA).
The European Arrest Warrant (EAW) is an arrest warrant valid throughout all member states of the European Union (EU). Once issued, it requires another member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on trial or complete a detention period.
The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, more commonly called the Hague Service Convention, is a multilateral treaty that was adopted in The Hague, The Netherlands, on 15 November 1965 by member states of the Hague Conference on Private International Law. It came into existence to give litigants a reliable and efficient means of serving the documents on parties living, operating or based in another country. The provisions of the convention apply to service of process in civil and commercial matters but not criminal matters. Also, Article 1 states that the Convention shall not apply if the address of the person to be served with the document is not known.
Letters rogatory or letters of request are a formal request from a court to a foreign court for some type of judicial assistance. The most common remedies sought by letters rogatory are service of process and taking of evidence.
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade Association (EFTA). It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgments.
The Convention on the Taking of Evidence Abroad in Civil or Commercial Matters—more commonly referred to as the Hague Evidence Convention—is a multilateral treaty which was drafted under the auspices of the Hague Conference on Private International Law (HCPIL). The treaty was negotiated in 1967 and 1968 and signed in The Hague on 18 March 1970. It entered into force in 1972. It allows transmission of letters of request from one signatory state to another signatory state without recourse to consular and diplomatic channels. Inside the US, obtaining evidence under the Evidence Convention can be compared to comity.
The Service Regulation, officially the Council Regulation (EC) No. 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters, is a European Union regulation in the field of judicial cooperation. It allows service of judicial documents from one member state to another without recourse to consular and diplomatic channels.
In general, the law of the European Union is valid in all of the twenty-seven European Union member states. However, occasionally member states negotiate certain opt-outs from legislation or treaties of the European Union, meaning they do not have to participate in certain policy areas. Currently, three states have such opt-outs: Denmark, Ireland and Poland. The United Kingdom had four opt-outs before leaving the Union.
The Schengen Area is an area comprising 27 European countries that have officially abolished all passport and all other types of border control at their mutual borders. Being an element within the wider area of freedom, security and justice policy of the European Union (EU), it mostly functions as a single jurisdiction under a common visa policy for international travel purposes. The area is named after the 1985 Schengen Agreement and the 1990 Schengen Convention, both signed in Schengen, Luxembourg.
Danish nationality law is governed by the Constitutional Act of the Realm of Denmark and the Consolidated Act of Danish Nationality . Danish nationality can be acquired in one of the following ways:
In the European Union (EU), enhanced cooperation is a procedure where a minimum of nine EU member states are allowed to establish advanced integration or cooperation in an area within EU structures but without the other members being involved. As of October 2017, this procedure is being used in the fields of the Schengen acquis, divorce law, patents, property regimes of international couples, and European Public Prosecutor and is approved for the field of a financial transaction tax.
International asset recovery is any effort by governments to repatriate the proceeds of corruption hidden in foreign jurisdictions. Such assets may include monies in bank accounts, real estate, vehicles, arts and artifacts, and precious metals. As defined under the United Nations Convention against Corruption, asset recovery refers to recovering the proceeds of corruption, rather than broader terms such as asset confiscation or asset forfeiture which refer to recovering the proceeds or instrumentalities of crime in general.
The area of freedom, security and justice (AFSJ) of the European Union (EU) is a policy domain concerning home affairs and migration, justice as well as fundamental rights, developed to address the challenges posed to internal security by collateral effects of the free movement of people and goods in the absence of border controls or customs inspection throughout the Schengen Area, as well as to safeguard adherence to the common European values through ensuring that the fundamental rights of people are respected across the EU.
A European Investigation Order (EIO) is a mechanism established under EU law by which a judge or magistrate in one EU member state can make a binding request to the law enforcement agencies of another member state to collect evidence to assist in a criminal investigation. The order may authorise such actions as searches, wiretapping, surveillance, the subpoena of documents or records, etc. The mechanism exists throughout the EU, with the exception of Denmark and Ireland, who have opt-outs in this area of EU law. The EIO was established by Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters.
The Mechanism for Cooperation and Verification (CVM) is a safeguard measure invoked by the European Commission when a new member or acceding state of the European Union has failed to implement commitments undertaken in the context of the accession negotiations in the fields of the Area of freedom, security and justice or internal market policy.
The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification of every single signatory.
The United Kingdom was a member state of the European Union and of its predecessor the European Communities from 1973 until 2020. Since the foundation of the European Communities, it has been an important neighbour, and was a leading member state until its withdrawal from the EU on 31 January 2020 as a result of Brexit, ending 47 years of membership.
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