加强欧盟与邻国民事司法合作:以乌克兰和波罗的海国家为例

Q3 Social Sciences Baltic Journal of Law and Politics Pub Date : 2019-12-01 DOI:10.2478/bjlp-2019-0014
I. Izarova
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引用次数: 2

摘要

欧盟成员国与乌克兰之间的司法合作仍处于初级阶段。欧盟与乌克兰的联系国协定并不是一种合适的做法,双方的关系主要是通过双边协定来调节的。波罗的海国家和乌克兰是本研究的重点,由于地理位置密切、共同的历史问题和友好关系,两国关系密切,并寻求进一步发展。这应该伴随着司法上的相互信任,从而伴随着与这种信任相适应的双边关系的相应演变。本研究选择下列民事司法合作类型作为研究对象:在乌克兰承认波罗的海国家法院的判决,以及在乌克兰送达文书和取证。结论包括关于会员国与第三国之间深化司法合作的几项建议,波罗的海国家和乌克兰的例子说明了这一点,即根据公正审判的权利和对司法机构的相互信任。
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Strengthening Judicial Cooperation in Civil Matters Between the EU and Neighboring Countries: The Example of Ukraine and the Baltic States
Abstract Judicial cooperation between EU Member-States and Ukraine is still at a basic level. The EU-Ukraine Association Agreement does not prove an appropriate approach, and their relations are regulated mostly with the bilateral agreements. The Baltic states and Ukraine, which are the focus of this research, are deeply engaged by their close geographical location, common historical issues and friendly relations, and seek further development of their relations. This should be accompanied by mutual judiciary trust and therefore by the corresponding evolution of bilateral relations proper to this trust. The following types of judicial cooperation in civil matters were chosen as objects of this research: recognition of Baltic States’ courts’ judgments in Ukraine, as well as service of documents and taking of evidence in Ukraine. The conclusions consist of several proposals related to deeper judicial cooperation between Member-States and third countries, illustrated by the example of the Baltic States and Ukraine, in light of the right to fair trial and mutual trust in the judiciary.
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来源期刊
CiteScore
0.70
自引率
0.00%
发文量
0
审稿时长
12 weeks
期刊介绍: Baltic Journal of Law & Politics (BJLP) is a scholarly journal, published bi-annually in electronic form as a joint publication of the Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania). BJLP provides a platform for the publication of scientific research in the fields of law and politics, with a particular emphasis on interdisciplinary research that cuts across these traditional categories. Topics may include, but are not limited to the Baltic Region; research into issues of comparative or general theoretical significance is also encouraged. BJLP is peer-reviewed and published in English.
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