| Abstract [eng] |
International Legal Aid in the EU Civil Procedure The thesis covers two measures of international legal aid: service in the member states of judicial and extrajudicial documents in civil or commercial matters and cooperation between the courts of the member states in the taking of evidence in civil or commercial matters. The purpose of this thesis is to establish reasons why the international legal aid in the European Union civil procedure is provided not efficiently and fast enough, therefore taking into account the existence of national sovereignty and protection of civil procedural rights belonging to the citizens of European Union. Following the historical scientific method it was established that the provisions of international legal aid on service of documents and taking of evidence in the European Union is outdated and ineffective, service of documents and taking of evidence in cross-border cases is still exercised by intermediate procedures, while direct methods is limited in order not to infringe national sovereignty of member states. Following systematic method of interpretation it was found that regulations on service of documents and taking of evidence lack detailed provisions on international legal assistance. The provisions defining the scope of the regulations should be defined more precisely. This would ensure a uniform interpretation of the regulations in all member states. Finally, following comparative, teleological and research analysis methods, it was found that while presenting and exercising the requests of international legal assistance cooperating Member States encountered national civil procedure conflicts. |
