Portal de datos abiertos de la Unión Europea - Custom query: Cobertura geográfica filters: Hungary; Palabras clave filters: e-justicetag:data.europa.eu,2012:/feeds/custom.atom?vocab_geographical_coverage=http%3A%2F%2Fpublications.europa.eu%2Fresource%2Fauthority%2Fcountry%2FHUN&tags=e-justice2020-01-15T08:01:58ZEuropean Publications Officehttps://data.europa.eu/euodpRecently created or updated datasets on Portal de datos abiertos de la Unión Europea. Custom query: Cobertura geográfica filters: Hungary; Palabras clave filters: e-justiceRights of defendants in criminal proceedingstag:data.europa.eu,2012:/dataset/rights-of-defendants-in-criminal-proceedingsIf you are suspected or accused of a criminal offence, these factsheets take you through the criminal process and the various steps involved. They explain your rights and obligations at each stage, from the time of pre-trial investigations, right through to after the trial. The factsheets also provide information on how minor offences, such as road traffic offences, are dealt with.2020-01-15T08:01:58Z2017-01-24T14:22:06ZJudicial systems in Member States – Specialised courtsThe European e-Justice Portaltag:data.europa.eu,2012:/dataset/judicial-systems-in-member-states-specialised-courtsIn several Member States there are specialised courts, which deal with specific matters. Often such courts deal with disputes concerning administrative issues or in some cases with disputes between private persons or businesses.
Several Member States have specialised courts for administrative matters, i.e. disputes between public authorities and private persons or firms regarding decisions by the public administration, such as a dispute on a building license, an authorisation to run a business or a tax assessment note.
As regards disputes between private persons and/or businesses ("civil matters"), in some Member States there are specialised courts on employment matters.2019-12-17T15:13:09Z2017-01-13T08:44:17ZInformation on Member States Lawtag:data.europa.eu,2012:/dataset/information-on-member-state-lawEach Member State of the European Union (EU) has its own law and legal system. Member State (MS) law can comprise both law at the national level (or national law, which is valid anywhere in a certain Member State) and laws which are only applicable in a certain area, region, or city.
Member States publish their law in their official language(s) and it is only legally binding in this/these language(s). For information purposes, certain acts of Member State law may also be available in one ore more languages other than its official language(s).The information contains:
- Databases;
- Sources of law;
- Areas of law.2019-12-17T14:01:58Z2017-01-05T16:16:40ZEU Member States legal systems and law - overviewEuropean Justice Portalhttps://e-justice.europa.eu/contactUs.do?plang=en&init=truetag:data.europa.eu,2012:/dataset/eu-member-states-legal-systems-and-law-overviewEach Member State of the European Union (EU) has its own law and legal system. Member State (MS) law can comprise both law at the national level (or national law, which is valid anywhere in a certain Member State) and laws which are only applicable in a certain area, region, or city.
Member States publish their law in their official language(s) and it is only legally binding in this/these language(s). For information purposes, certain acts of Member State law may also be available in one ore more languages other than its official language(s).
Most Member States have a national database of their law - you can obtain this information by choosing one of the resources listed below.2018-12-14T09:32:12Z2016-11-15T12:59:17ZInformation on legal rules concerning maintenance claimsThe European e-Justice Portaltag:data.europa.eu,2012:/dataset/information-on-legal-rules-concerning-maintenance-claimsIf you wish to claim maintenance, for example by asking for a monthly payment for child support from a parent not living with the child, EU law allows you to use the courts of your home State in order to determine the obligation of the debtor to pay maintenance and set the amount of alimony. Such a judgment will be easily recognised in the other Member States of the European Union.2017-02-17T15:11:43Z2017-01-23T12:19:30ZEuropean Case Law Identifier (ECLI)The European e-Justice Portaltag:data.europa.eu,2012:/dataset/european-case-law-identifier-ecliThe European Case Law Identifier (ECLI) has been developed to facilitate the correct and unequivocal citation of judgments from European and national courts. A set of uniform metadata will help to improve search facilities for case law.
Main characteristics of ECLI
ECLI is a uniform identifier that has the same recognizable format for all Member States and EU courts. It is composed of five, mandatory, elements:
‘ECLI’: to identify the identifier as being a European Case Law Identifier;
the country code;
the code of the court that rendered the judgment;
the year the judgment was rendered;
an ordinal number, up to 25 alphanumeric characters, in a format that is decided upon by each Member State. Dots are allowed, but not other punctuation marks.2017-02-17T14:27:00Z2017-01-06T15:39:10ZSmall claims procedure at the EU and Member States' levelThe European e-Justice Portaltag:data.europa.eu,2012:/dataset/small-claims-procedure-at-the-eu-and-member-states-levelThe European Small Claims procedure is designed to simplify and speed up cross-border claims of up to €2000. The European Small Claims Procedure is available to litigants as an alternative to the procedures existing under the laws of the Member States. A judgment given in the European Small Claims Procedure is recognized and enforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition. 2017-02-17T14:24:49Z2017-01-16T15:38:46ZCross-border family mediationThe European e-Justice Portaltag:data.europa.eu,2012:/dataset/cross-border-family-mediationMediation can be particularly helpful in cross-border family disputes and parental child abduction cases. The term ‘family matters’ covers a broad range of disputes, from purely private matters to those involving public authorities.
Cross-border family mediation is a process conducted by one (or several) impartial, qualified third person(s), the mediator. The mediator has no power to decide but helps the parties to regain communication and assists them in resolving their problem themselves.
The agreement reached is a tailor-made solution for their dispute that ensures that their parental decisions take account of the best interests of the child, if a child is concerned.2017-02-17T14:14:41Z2017-01-23T16:06:43ZMediation in Member StatesThe European e-Justice Portaltag:data.europa.eu,2012:/dataset/mediation-in-member-statesMediation is at varying stages of development in Member States. There are some Member States with comprehensive legislation or procedural rules on mediation. In others, legislative bodies have shown little interest in regulating mediation. However, there are Member States with a solid mediation culture, which rely mostly on self-regulation.2017-02-17T14:14:22Z2017-01-23T15:22:07ZProcedural time limits – general informationThe European e-Justice Portaltag:data.europa.eu,2012:/dataset/procedural-time-limits-general-informationWhen you are involved in a civil dispute and think you may have to litigate, you must be aware that there is certain deadline for taking action.
All modern legal systems including those of the 28 Member States provide for the temporal limitation of civil claims. The laws governing limitation or prescription periods vary greatly with respect to the length of the time limits, when exactly the time limit starts and depending on which act or event suspends or interrupts the time limit. The law applicable to the claim also governs the limitation period affecting the claim.2017-02-17T14:06:45Z2017-01-25T09:27:12ZInformation on legal rules concerning divorceThe European e-Justice Portaltag:data.europa.eu,2012:/dataset/information-on-legal-rules-concerning-divorceWhen a married couple decide to separate permanently, one of the spouses, or both together, will generally institute divorce proceedings.2017-02-17T14:04:40Z2017-01-20T14:47:20ZJudicial systems in Member StatesThe European e-Justice Portaltag:data.europa.eu,2012:/dataset/judicial-systems-in-member-statesThe Member State judicial systems are very diverse, reflecting differences in national judicial traditions. Below you will find general information on judicial systems in Member States – to obtain specific and detailed information please select one of the flags listed on the right hand side.
Courts
In most Member States, there are different branches of courts. Generally, three main types of courts can be identified:
ordinary courts,
specialised courts, and/or
courts dealing with constitutional matters.
The ordinary courts usually deal with disputes in civil matters (i.e. disputes between citizens and/or businesses) and/or criminal matters. In addition, many Member States have established courts for specific matters, such as disputes between public authorities and citizens or businesses (administrative matters, etc.).
Moreover, various Member States have an institution or court to ensure that their constitution is respected. Many of these courts or institutions can be asked to verify whether a certain law or legislation is in line with the constitutional requirements. Some of them can hear individual cases, but usually only as a last resort.2017-02-17T14:01:27Z2017-01-11T13:54:15ZInformation on judicial systems in Member States – ordinary courtsThe European e-Justice Portaltag:data.europa.eu,2012:/dataset/information-on-judicial-systems-in-member-states-ordinary-courtsOrdinary courts are the core of the judicial systems in the Member States. They deal with a major part of judicial proceedings. Their scope of jurisdiction varies considerably. You can find here information on the ordinary courts and their jurisdiction in each Member State.
In most Member States, the ordinary courts deal with two main types of proceedings:
Proceedings in criminal matters, i.e. regarding punishable (criminal) offences (such as theft, vandalism, fraud, etc.); these courts can impose penalties and are often referred to as "criminal courts",
Proceedings in civil matters, i.e. disputes between citizens and/or businesses (for instance, problems with rent, a service contract or a divorce, etc.); these courts are often referred to as "civil courts".
2017-02-17T14:00:19Z2017-01-11T16:16:59ZStatutory interests in the Member StatesThe European e-Justice Portaltag:data.europa.eu,2012:/dataset/statutory-interests-in-the-member-statesCalculation of statutory interest on judicial cooperation in civil and commercial matters can be relevant under several European Union law instruments. However, these instruments do not regulate details on statutory interest and therefore it is national law which stipulates how and on which basis statutory interest rates are to be calculated.
In a cross-border case, such information can be relevant and access to such information necessary. Therefore, the European Judicial Network in civil and commercial matters established factsheets which provide information on how statutory interest is defined by the Member States, whether national law provides for statutory interest and if so, on which legal basis and at which rate/amount. Information can also be found on the circumstances and conditions under which these rates apply and how they are calculated.2017-02-17T13:55:18Z2017-01-13T14:41:23ZProcedures for enforcing a judgmentThe European e-Justice Portaltag:data.europa.eu,2012:/dataset/procedures-for-enforcing-judgmentWhen a Court is involved in solving a dispute, there are two steps that must be ensured at the end of the process. First, the Court must hand down a judgment and then the judgment needs to be enforced in practice.
Under the Brussels I Regulation (recast) which governs the recognition and enforcement of judgments in cross border cases, if you have an enforceable judgment issued in the Union Member State, you can go to the enforcement authorities in other Member State where e.g. the debtor has assets without any intermediary procedure being required (the Regulation abolishes the 'exequatur ' procedure). The debtor against whom you seek the enforcement may apply to the court requesting refusal of enforcement. 2017-02-17T13:52:53Z2017-01-25T10:06:11ZThe order for payment procedures at EU and Member States' levelThe European e-Justice Portaltag:data.europa.eu,2012:/dataset/the-order-for-payment-procedures-at-eu-and-member-states-levelThe European Payment Order is a simplified procedure for cross-border monetary claims which are uncontested by the defendant, based on standard forms.
Standard forms have been drawn up for the European Payment Order and are available here in all languages. This link will also provide more information about which courts can issue a European Payment Order and where the application forms should be sent.
To start the procedure, Form A must be filled in, giving all the details of the parties and the nature and amount of the claim. The court will examine the application, and if the form is correctly filled in, the court should issue the European Payment Order within 30 days.2017-02-17T13:51:37Z2017-01-16T12:51:36ZInformation on the small claims procedureThe European e-Justice Portaltag:data.europa.eu,2012:/dataset/information-on-the-small-claims-procedureThe European Small Claims procedure is designed to simplify and speed up cross-border claims of up to €2000.
The European Small Claims Procedure is available to litigants as an alternative to the procedures existing under the laws of the Member States. A judgment given in the European Small Claims Procedure is recognized and enforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition.2017-02-17T13:49:51Z2017-01-25T10:35:30ZInformation on legal rules concerning parental responsibilityThe European e-Justice Portaltag:data.europa.eu,2012:/dataset/information-on-legal-rules-concerning-parental-responsibilityDivorce: When a married couple decide to separate permanently, one of the spouses, or both together, will generally institute divorce proceedings.2017-02-17T13:36:37Z2017-01-23T11:31:26ZInformation on Member States' rules on law of evidenceThe European e-Justice Portaltag:data.europa.eu,2012:/dataset/information-on-member-states-rules-on-law-of-evidenceTaking of evidence. If you initiate legal proceedings, it is usually crucial to present evidence to the court in order to prove your claim.
Taking of evidence in civil proceedings is not restricted to the boundaries of a Member State. Sometimes, it may be necessary to take evidence in a Member State other than the one in which you are resident. For example, it may be necessary to hear witnesses or experts in other Member States, or the court may have to visit a scene of occurrence situated in another Member State. 2017-02-17T13:35:48Z2017-01-25T08:34:57ZSuccessionThe European e-Justice Portaltag:data.europa.eu,2012:/dataset/successionNational rules on inheritance vary considerably between Member States (as to, for example, who inherits, what the portions and reserved shares are, how wide the testamentary freedom is, how the estate is to be administered, how wide the heirs' liability of debts is, etc.). In cross-border inheritance cases, it is necessary to determine which court has jurisdiction to deal with the case and which law applies to the case.2017-02-17T13:34:02Z2017-01-24T12:05:29Z