The Effect of Enforceability

In this paper, the author focuses on the effect of enforceability, in particular in relation to Austrian law. However, insights into German and European law are also provided. Enforceability is an effect of a judgment which is basically only granted to performance judgments. Declaratory and constitutive decisions (with the exception of the decision on costs) are not enforceable as such. As a result, the order for performance contained in the judgment can be enforced by state coercive measures. Enforceability occurs upon termination of the performance period. Enforceability is neither a consequence of, nor necessarily coincides with, res judicata. The introduction of the Brussels Ia Regulation has fundamentally changed the system of enforcement of foreign decisions. Decisions given in the EU Member State and enforceable in that State are now enforceable in another Member States without the need for a declaration of enforceability.

The Albanian Enforcement System

This article presents an overview of the Albanian legal system of enforcement in the civil and commercial area. Its purpose is not only to identify the enforcement system in Albania and the characteristics of each enforcement title but also to compare it with that of the Brussels IA Regulation. The article concludes that the Albanian enforcement system is built on the spirit of the European system and is very similar to several European countries. However, the range of foreign enforcement titles that can be recognized and enforced in Albania is narrower than that provided in the European Union countries. Therefore, it should be expanded to include, in addition to irreversible judgments, other European enforcement acts, such as European Payment Order, Settlement Agreements, Authentic instruments, etc.

Application of Article 6 of the European Convention of Human Rights in Enforcement Proceedings

The application of procedural guarantees of the right to a fair trial is significant for effective legal defence. Certain element of the right to a fair trial are applicable in enforcement proceedings, such the requirement for reasonable length of enforcement proceedings, cooperation between the parties, the principle of adversarial proceedings. Since enforcement proceedings are an integral part of litigation in the court, states may be liable for a failure to ensure effective enforcement proceedings.

Recovery of Interest in Enforcement Procedure in the Republic of Slovenia

In Slovenian enforcement procedures, the principle of formal legality applies, so the enforcement court is bound by the enforceable title. The court must allow the enforcement of the claim as it follows from the enforceable title. The creditor also needs an enforceable title to claim interest. Interest arising from a Slovenian enforceable title shall be executed at the interest rate specified in Slovenian legislation. In the Republic of Slovenia, interest arising from a foreign enforceable title takes place at the interest rate determined by a foreign substantive provision. If the interest rate is determinable in a foreign enforceable title, the Slovenian Enforcement Court shall concretise the obligation by determining the interest rate determined by foreign law before issuing the writ of execution.

Differences Between the Recognition and Enforcement of Authentic Instruments and the Recognition and Enforcement of Judgments

The subject of the article is to analyse and compare the specificity of judgments and authentic instruments in terms of cross-border recognition and enforcement under the Brussels I Recast Regulation framework. Particular focus has been put on the practical aspects of the definition of an authentic instrument. Selected detailed issues arising against this background have been discussed with reference to the Polish legal order as well as the case-law of the Court of Justice of the European Union (CJEU). Based on the undertaken considerations, some proposals have been formulated regarding the enhancement of the free circulation of authentic instruments within the European Union.

Nexus of the Location of Performance of an Obligation as the Basis of Jurisdiction in the Brussels I bis Regulation in Cases Versus Air Carriers

As it is correctly emphasized by the European Union (EU) legislator, actions in the field of air transport should aim, among other things, at ensuring a high level of protection for passengers. The paper attempts to discuss the nexus of the location of performance of an obligation as the basis of special jurisdiction in the context of the Brussels I bis Regulation in cases versus air carriers. A passenger’s choice of special jurisdiction based on the nexus of the location of performance of an obligation in the context of Brussels I bis Regulation, applicable to cross-border matters between Member States supersedes general jurisdiction based on the place of domicile of an air carrier. The nexus of the location of performance of an obligation in cross-border disputes resulting from a contract of air transport made between a passenger and an air carrier as a rule enables the passenger to bring an action in a court based in the location of arrival or departure of the flight.

Two-Tier System of Judgments and Orders (Nature of the Separate Order to Pay or Fulfil the Claim)

The quality of procedural judicial documents is one of the most important components of judicial proceedings. The trust of individuals and the public in the judicial system may also depend on the quality of these documents. Therefore, Lithuanian legislation sets certain standards for procedural judicial documents. As well as, the law also provides for certain possibilities to eliminate ambiguities in court procedural documents both after the court decision has been made and during enforcement proceedings.

Eroded Rule of Law, Endemic Violence and Social Injustice in Brazil

Modern Brazil is plagued by social and economic inequalities, endemic violence, crime, and a weak rule of law. Once these narratives become dependent on each other, all aspects must be worked on to change the scenario the country is facing: insecurity, fear and a lack of opportunities. This paper argues that the unprecedented rise of social injustice in Brazil is not the result of short-term measures but is part of its history marked by economic and social inequalities extending from its colonial past until today and the deficient policies on crime that emerged in the mid-1990s. Moreover, the current massive incarceration, overcrowding of prisons combined with the absence of human living conditions is turning the prison system in Brazil into a gigantic, perpetual school of crime. Investment in education that directly helps to lower the crime rate must be aligned with a new, less repressive and more inclusive punitive policy so as to induce criminals not to return to their unlawful ways. It is suggested that Brazil can only properly develop if efficient legal institutions, the rule of law, and criminal sanctioning based on the principles of social justice are available to all citizens.

The Cross-Border Enforcement of Court Settlements within Brussels Ia Regulation: From a European and an Austrian Perspective

Despite the enormous practical relevance of court settlements, the Brussels Ia Regulation contains only a few explicit provisions for the cross-border enforcement of this legal instrument. This can cause difficulties in borderline cases, for example when it is doubtful whether the legal act in question is to be classified as a settlement or a judgment or which specific European regulation is applicable to a settlement containing several different claims. This paper provides a general overview of the rules for the enforcement of court settlements under the Brussels Ia Regulation and examines some problems that may specifically arise in the case of cross-border enforcement of court settlements.

Digital Marketing Communication in Developing Countries

Digital marketing has made significant progress in recent years, in all countries, both developed and developing. Many local and international companies have largely placed their marketing activities in the digital environment. Now, the COVID-19 pandemic has made it even more important for many companies and consumers to conduct marketing, buying and selling activities through social media. Like companies, consumers are changing their buying behaviours by focusing more on social media, from which they are providing the necessary and sufficient information about all the products and services that are marketed online. This paper is of particular importance because it addresses the issue of digital marketing activities in the Western Balkans region, specifically the behaviour of consumers from countries of this region on social media. From the results of the paper, it can be concluded that consumers from these countries are quite engaged in social media, where they receive the necessary information for different products and services, follow the activities of different companies, etc.