Since 1968 the European Union (or the European Economic Community as it then was) has legislated in the field of civil procedure. These rules do not replace domestic laws and codes of civil procedure, but gradually take over aspects in the field: it infiltrates. The purpose of this article is to show that this infiltration is chaotic rather than logical. It discusses certain aspects of the scope of EU legislation in the field of civil procedure, provisional measures, the recognition and enforcement of foreign judgments and systemic hurdles for a more logical delineation between the EU and domestic spheres of the law. It shows the disorderly infiltration without offering a definite solution, taking the view that such disorderliness is inescapable in light of the current state of EU law on civil procedure and political realities.
EU Regulation 2201/2003 (Brussels II bis) has been in force for ten years. As we celebrate this birthday, the EU legislator has commenced the review procedure. This Article reviews the Regulation critically and suggests improvements. The discussion includes the rules on matrimonial matters and those on parental responsibility. Our suggested improvements take the form of proposed provisions for the legislator.
The purpose of this contribution is to provide a very modest comparison of judicial language protection in South Africa and in Belgium. First of all, the authors sketch briefly the historical context and the constitutional status of languages in both countries. It is difficult to argue that one always has a right to use his or her own language. However, the use of language has clear links to constitutional rights such as the right to a fair trial. The authors then consider the rules on the use of languages in court generally and in criminal proceedings particularly. Belgium has strict rules on the use of language, and these rules are based on strong principles of territoriality and monolingualism. South Africa, on the other hand, has 11 official languages, not linked to territories, but in practice these languages do not all enjoy the same protection. The pragmatic approach by the South African courts is indicated with reference to the case law.
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