Course title in Estonian
Haldus-, menetlus- ja täiteõigus
Course title in English
Administrative, Procedural, and Enforcement Law
approximate amount of contact lessons
lecturer of 2019/2020 Autumn semester
õppejõud on määramata
lecturer of 2019/2020 Spring semester
lecturer not assigned
¤ The general objective of the course is to give a comprehensive overview of legal theory in respect of court procedure, overview of the procedural systems and in particular civil, criminal, administrative and misdemeanor procedure.
¤Also discussed is the nature and elements of executive procedure and the role of the bailiff in execution;
¤ the main principles of executive procedure;
¤ a general comparative overview of the executive procedures in different countries and the main documentation required;
¤ to be able to distinguish between movable and immovable property (including ships) and the enforcement of claims and obligations in several countries;
¤ to gain digital competence through using legal databases to research enforcement orders and judgments and learn how to enter enforcement orders and other legal filings with court officials digitally.
Brief description of the course
The course will give an overview of procedural theory, specification of the court procedure, general prospect of court procedure and its alternatives, as well as a general concept of evidence and appeal procedure.
The course will also discuss the general principles of executive procedure and a comparative study of executive procedure in different countries: the general procedure for enforcement; executive instruments; participants in executive procedure; prerequisites for execution of executive instruments; general conditions for executive procedure; rights of bailiffs and participants in executive procedure; postponement of enforcement action, suspension and termination of executive procedure; executive procedure in case of financial claims; general provisions for making claims for payment and property; making claim for payment on movables; making claim for payment on proprietary rights; making claim for payment immovable; recovery of assets of debtor; specifications for enforcement of decisions, judgments and rulings in misdemeanor and criminal matters; appeals and actions in executive procedure.
And the course will conclude with a discussion of general principles and legislation involved in cross-border enforcement procedure.
In this course, students will gain digital competence by learning to research enforcement orders and judgments in legal databases, and will learn how to to enter legal filings with courts and enforcement authorities digitally.
Compulsory reading assignments including case briefs, legislation and scholarly articles to be read before lectures and seminars, as assigned by the lecturer and detailed in the course program.
Other tasks may include case analysis, written seminar papers, presentations, independent or group work as detailed in the course program.
Learning outcomes in the course
After a successful completion of the course, a student:
¤ Is aware the principle of procedural law including concept of evidence;
¤ has knowledge of legal theories concerning procedural law;
¤ is able to point out current procedural issues of respective country and is capable of solving the issue in accordance with the theoretical point of view;
¤ will be able to explain the nature and elements of executive procedure and the role of bailiff;
¤ will have an understand the basic principles of executive procedure;
¤ will have a comparative overview of executive procedure in different countries and main rights and obligations of officials and parties of proceeding;
¤ will know the main documentation required for execution, the manner and proper procedure of execution and the role, responsibility and legal protections afforded to those who are carrying out executive procedure;
¤ will be able to distinguish between enforcement procedures for movable and immovable property and execution of claims and obligations;
¤ will be able to research enforcement orders and judgments using legal databases and will be able to enter legal filings with courts and enforcement authorities digitally.
Other methods as detailed by the lecturer in the course program, including individual or group problem solving exercises, case presentations/analysis, a term or scholarly paper, and attendance and participation in seminar discussions.
Meelis Eerik, Haldi Koit, Aare Kruuser
1 ECTS = 160 lehekülge, 4 ECTS = 480 lehekülge
Part 1. Administrative and Procedural Law
Peter Gotwald, Comparative Civil Procedure, Ritsumeikan Law Review No. 22, 2005. Comparative Criminal Raneta Lawson Mack, Procedure: History, Processes and Case Studies (2008)
Michael J. Sandel. Justice. Farrar, Strous and Giroux, New York (2010)
Neil C. Blond. Evidence. Aspen Publishers, New York (2009)
Part 2. Enforcement Law
The literature will be announced to students who have signed up for the course.
Part 1. Administrative and Procedural Law
Amartya Sen, The Idea of Justice.Harvard University Press, Cambridge (2009)
Ken Binmore, Game Theory. Oxford University Press, Oxford (2007)
Andrew Palmer, Proof. How to Analyse Evidence in Preparation for Trial. Lawbook Co, Sydney (2010)
Graham C. Lilly, Daniel J. Capra, Stephen A. Saltzburg, Principles of Evidence. West, St Paul (2009)
A. Benjamin Spencer, Acing Civil Procedure. West, St Paul (2011)
John Farrar. Legal Reasoning. Lawbook Co, Sydney (2010)
Codes of Criminal, Civil, Administrative and Misdemeanour Procedure
Part 2. Enforcement Law
The literature will be announced to students who have signed up for the course. The list of literature includes:
Enforcement proceedings / Konstantinos D. Kerameus Tübingen : Mohr ˇ1bb (Siebeck) ; Dordrecht [etc.] : Martinus Nijhoff, c2002 113 pp.
The Enforcement of judgments in Europe / W.A. Kennett. Oxford [England] ; New York : Oxford University Press, 2000.lxvi, 435 pp.; 24 cm.
Constitutional details of the procedure of exequatur and the enforcement of judgments in the practice of member states : collection of speeches / [editors Tamara Hristoforova ... jt., ; photographs Diana Talihärm, Krista Tamm, Jürg Würtenberg, cov [Tallinn] : Eesti Kohtunike Ühing, [2010 (Tartu] : Hoobeks) 176 pp.
Cross-border enforcement of debts in the European Union, default judgments, summary judgments and orders for payment / Carla Crifò. [Alphen aan den Rijn] [etc.] : Kluwer Law International, c2009. 439 pp.
The Finnish Code of Enforcement or
The Estonian Code of Enforcement Procedure; the Bailiffs Act and
Anneli Alekand. The Estonian Universal Enforcement Procedure and the Bailiff as the Taker of Procedural Decisions. Juridica International, 2008, No. 2, pp. 115-124.