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PhD candidates in Juridical sciences
Organization: Erasmus University Rotterdam (EUR)
Location: Rotterdam, Netherlands
Field: Juridical sciences
Requirements:
You are a law graduate (or will graduate within soon), with a demonstrable interest in the legal areas involved, in particular civil procedure, private international law, and/or European private and procedural law. You have above average academic results and possess research qualities; in particular analytical skills, creativity, perseverance, and the ability to work independently. You have an excellent knowledge of English, both verbal and written, and a good reading knowledge of at least two other official EU languages. You are a team player and are prepared to look beyond geographical borders and the boundaries of a specific legal area. For project 1 it is further required that you have experience with, or are interested in, conducting empirical research, consisting of data collection and analyses on the basis of surveys. You may apply for one of the Ph.D. projects or for both. Both projects will preferably start between 1 June and 1 September 2011.
Abstract:
Effective access to justice and enforcement lies at the heart of civil justice. It is a policy objective in European Union to further simplify the enforcement of judicial and extra judicial decisions. However, at the same time safeguarding fundamental procedural rights is crucial...
Description:
Effective access to justice and enforcement lies at the heart of civil justice. It is a policy objective in European Union to further simplify the enforcement of judicial and extra judicial decisions. However, at the same time safeguarding fundamental procedural rights is crucial. The question arises, what procedural rights need to be guaranteed and how is this protection to be achieved, in view of the significant differences between the procedural laws of Member States. The objective of this project is to develop principles of civil procedure to enhance effective access to justice and enforcement of judgments while securing procedural quality. PhD Project 1: Efficacy and Enforcement of Uniform European Procedures (vacancy no: AT 104804 / 11.02)This research project explores and compares the implementation and functioning of the European Order for Payment Procedure and the European Small Claims Procedure in three selected Member States. Particular attention will be paid to procedural requirements and enforcement, against the background of the abolition of the exequatur. It further intends to contribute to answering the question whether these European procedures improve the cross-border enforcement of judgments and serve as a good example for further simplification of the enforcement and t harmonisation of civil procedure. PhD Project 2: Cross-Border Enforcement and Fundamental Principles of Civil Procedure (vacancy no: AT 104805 / 11.02)The simplification of cross-border enforcement within the EU, and in particular the full abolition of the exequatur, should be accompanied by procedural safeguards to guarantee the respect for fundamental principles of civil procedure. This research intends to explore which requirements may be derived from, and what the role is of, the European Convention on Human Rights, in particular Articles 6 and 13 thereof regarding the right to a fair trial and access to effective remedies, within the context of cross-border enforcement in the EU. The sub projects will be further defined and coordinated in consultation. This project is financed by the Netherlands Organization for Scientific Research (NWO) within its Innovational Research Incentives Scheme (VIDI).
Deadline: 09-03-2011
Contacts:
Link: http://www.eur.nl/
Email: frgpersoneel@frg.eur.nl
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