The summons shall be served on the person.

writ of summons

The summoning and examination of witnesses and experts

The summoning and examination of witnesses and experts (Articles 68 to 76).......

Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear

As an alternative to seeking a warrant of arrest, the Prosecutor may submit an application requesting that the Pre-Trial Chamber issue a summons for the person to appear.

If the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person committed the crime alleged and that a summons is sufficient to ensure the person's appearance, it shall issue the summons, with or without conditions restricting liberty (other than detention) if provided for by national law, for the person to appear.

Upon the surrender of the person to the Court, or the person's appearance before the Court voluntarily or pursuant to a summons, the Pre-Trial Chamber shall satisfy itself that the person has been informed of the crimes which he or she is alleged to have committed, and of his or her rights under this Statute, including the right to apply for interim release pending trial.

(e) Where a warrant of arrest or a summons has been issued under article 58, and having due regard to the strength of the evidence and the rights of the parties concerned, as provided for in this Statute and the Rules of Procedure and Evidence, seek the cooperation of States pursuant to article 93, paragraph 1 (k), to take protective measures for the purpose of forfeiture, in particular for the ultimate benefit of victims.

The EU calls on Croatia to ensure judicial independence is guaranteed with respect to appointments to the position of Court Presidents.

(a) There is not a sufficient legal or factual basis to seek a warrant or summons under article 58;

If despite the judge's request they fail to do so, or fail to notify in writing the judge thereof by the specified deadline, the representative shall be appointed by the judge from among them.

Stressing the importance of maintaining the independence of the judges and of preserving the impartiality and quality of the Court, the Conference calls upon States Parties and the Council of Europe to:

(3) Service of process at the premises of the Organisation and of any other procedural instruments relating to a cause of action against the Organisation shall not constitute breach of inviolability.

Stresses the importance of ensuring the clarity and consistency of the Court` s case-law and calls, in particular, for a uniform and rigorous application of the criteria concerning admissibility and the Court's jurisdiction;

The EU invites Croatia to improve publication of and access to final court decisions both in the interests of the development of case law and consistent judicial practice, and in view of wider public dissemination.

The EU also calls on Croatia to introduce an adequate system for monitoring and verification of assets declarations of public officials and judges, including dissuasive sanctions for non-compliance.

The EU also calls on Croatia to ensure full application of the Code of ethics and to improve the efficacy of the system of assets declarations of judges and prosecutors, including systematic checking for accuracy.

(c) Where necessary, provide for the protection and privacy of victims and witnesses, the preservation of evidence, the protection of persons who have been arrested or appeared in response to a summons, and the protection of national security information;

The expression ` other judicial act` does not cover the service of judicial documents or the issuance of any process by which judgments or orders are executed or enforced, or orders for provisional or protective measures.

a) calls upon States Parties and the Court to ensure that comprehensive and objective information is provided to potential applicants on the Convention and the Court's case-law, in particular on the application procedures and admissibility criteria.

(c) Unless the Pre-Trial Chamber orders otherwise, the Prosecutor shall provide the relevant information to the person who has been arrested or appeared in response to a summons in connection with the investigation referred to in subparagraph (a), in order that he or she may be heard on the matter.

(b) Upon the request of a person who has been arrested or has appeared pursuant to a summons under article 58, issue such orders, including measures such as those described in article 56, or seek such cooperation pursuant to Part 9 as may be necessary to assist the person in the preparation of his or her defence;

The EU invites Croatia to enhance the capacity of the State Judicial Council and State Prosecutorial Council to perform their key functions, in particular for the appointment, training, promotion and disciplining of judicial officials, and to ensure sufficient impartiality and accountability of these bodies.

(d) Authorizing counsel for a person who has been arrested, or appeared before the Court in response to a summons, to participate, or where there has not yet been such an arrest or appearance or counsel has not been designated, appointing another counsel to attend and represent the interests of the defence;

The EU invites Croatia to continue its efforts to reduce substantially the case backlogs before all types of courts and to establish a single comprehensive system for statistical monitoring of case handling before all courts and State Attorneys' offices, ensuring inter alia that the average length of proceedings for different categories of cases can be adequately monitored.

The EU invites Croatia to guarantee the independence of the Judicial Academy in practice, to improve the delivery of initial and in-service training, including on matters of EU law, and strengthening the relevant training institutions, including staff increases, and ensuring the planned State School for Judicial Officials carries out its role effectively.

The EU also invites Croatia to implement its action plan for the review of in absentia cases, including implementation of the new provisions of the Criminal Procedure Code on renewal of proceedings and deploying other legal remedies such as protection of legality, thus ensuring that both the requests for the renewal of proceedings and any renewed trials are properly and impartially handled by all relevant judicial authorities.

3 With regard to the provisions of this Convention, the application of which comes under the jurisdiction of constituent States or other similar territorial entities, that are not obliged by the constitutional system of the federation to take legislative measures, the federal government shall inform the competent authorities of such States of the said provisions with its favourable opinion, encouraging them to take appropriate action to give them effect.

A person summoned before the competent court of the requesting State as a result of the opposition he has lodged shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence or detention order nor shall he for any other reason be restricted in his personal freedom for any act or offence which took place prior to his departure from the territory of the requested State and which is not specified in the summons unless he expressly consents in writing.

In cases in which a party to a proceeding voluntarily and without good reason refuses access to, or otherwise does not provide necessary information within a reasonable period, or significantly impedes a procedure relating to an enforcement action, a Member may accord judicial authorities the authority to make preliminary and final determinations, affirmative or negative, on the basis of the information presented to them, including the complaint or the allegation presented by the party adversely affected by the denial of access to information, subject to providing the parties an opportunity to be heard on the allegations or evidence.

1.3 The payment obligations of the Guarantor hereunder shall be non accessory, primary and independent obligations of the Guarantor within the meaning of Art. 111 and not a mere surety within the meaning of Art. 492 et seq. of the Swiss Code of Obligations, subject only to the requirements of the Guarantee Request contemplated herein and in particular independent of any legal proceedings or other action instituted by Eurofima against the Borrower or any other security which has been or will be furnished to Eurofima in respect of its claims under the Financing Documents.

Therefore it is much better if judges educated in the positivistic manner are not challenged by such statutory formulations.

The following must have been clearly stated in or together with the document instituting the proceedings, the equivalent document or any summons to a court hearing:

Service of the document instituting the proceedings or an equivalent document and any summons to a court hearing on the debtor may also have been effected by one of the following methods:

the document instituting the proceedings or an equivalent document or, where applicable, the summons to a court hearing, was served by one of the methods provided for in Article 14;

Any summons to a court hearing may have been served on the debtor in compliance with paragraph 1 or orally in a previous court hearing on the same claim and stated in the minutes of that previous court hearing.

The absence of objections from the debtor as stipulated in Article 3(1)(b) can take the shape of default of appearance at a court hearing or of failure to comply with an invitation by the court to give written notice of an intention to defend the case.

Witnesses who have been duly summoned shall obey the summons and attend for examination.

The Court may make the summoning of a witness for whose examination a party has applied conditional upon the deposit with the cashier of the Court of a sum sufficient to cover the taxed costs thereof;

Where a writ of summons or an equivalent document had to be transmitted to another Member State for the purpose of service, under the provisions of this Convention, and the defendant has not appeared, judgement shall not be given until it is established that:

(needed for further inquiries, subpoena, ect,):

The summoning and examination of witnesses and experts (Articles 47 to 53)

When a writ of summons or an equivalent document had to be transmitted to another Member State for the purpose of service, under the provisions of this Convention, and a judgement has been entered against a defendant who has not appeared, the judge shall have the power to relieve the defendant from the effects of the expiration of the time for appeal from the judgement if the following conditions are fulfilled:

An objection to a witness or to an expert shall be raised within two weeks after service of the order summoning the witness or appointing the expert;

The following must have been clearly stated in or together with the document instituting the proceedings, the equivalent document or any summons to a court hearing:

Therefore, as a threshold matter, the relevant statute, regulation or court decision must affirmatively authorize the particular conduct by safe harbor organizations (13).

Service of the document instituting the proceedings or an equivalent document and any summons to a court hearing on the debtor may also have been effected by one of the following methods:

On receipt of such a request or in the case that no reaction was given to the summons, the Office may, in accordance with Article 91 (2), request the competent judicial or other authority to hear the evidence of that person.

(a) (i) the document instituting the proceedings or an equivalent document or, where applicable, the summons to a court hearing, was served by one of the methods provided for in Article 14; and