Simplification of the International Enforcement and the Assurance of the Legal Protection Warranties

Partners

- Institute for Civil, Comparative and Private International Law of the University of Maribor (Slovenia)
- Institute for Austrian and International Civil Procedure, Insolvency and Agrarian Law of the Karl Franzens University of Graz (Austria)
- Faculty of Law of the University of Bayreuth (Germany)

Content

On 21.1.2005 the Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims entered into force. With this regulation a European Enforcement Order for uncontested claims was introduced. It enables enforcement of foreign judgments, court settlements or authentic instruments without any other additional interim procedure of the exequatur (Abolition of exequatur) in the Member State of enforcement. It creates an important advantage for accelerated, simplified and effective recovery of the debts in the Member State of enforcement, but it deals new and unanswered questions to legal practices and academics among which we can list:
- scope of application;
- identification of national titles (judgments, court settlements or authentic instruments) in the Member State of origin fulfil criteria for certifying as a "European Enforcement Order";
- conditions and procedures of the certification as a European Enforcement Order;
- protection of the debtor from incorrect certification as a European Enforcement Order - remedies in the Member State of origin;
- necessary minimum standard of service of documents in the Member State of origin;
- conditions for enforcement and legal remedies in the Member State of enforcement;
- Implementation of the European Enforcement Order into a system of enforcement procedure of the EU Member States.

Objectives

- Acceleration of the cross-border civil enforcement;
- Abolition of the legal and factual discrimination of the foreign enforcement titles (judgments, court settlements or authentic instruments) in the EU Member States of enforcement;
- Strengthening of the mutual trust in the administration of justice among Member States that national title are issued in the procedure, where the requirements of the "rule of law" have been met;
- Assurance of the right to be heard in the accelerated international cross-border procedure;
- Need to adjust the enforcement law of the EU Member States to international rules on that field.

Conferences

1.-3. February 2006: International Scientific Conference in Ljubljana (Slovenia): "European Procedural Law in the Second Year of the Membership of Slovenia in the European Union; Civil enforcement in the EU; European Enforcement Order". The first discussion of the drafts of the research work on the conference.
21st and 22nd September 2006: International Scientific Conference "European Area of Justice and Civil Enforcement": Representation of the final results of the project and discussion in the scientific circle.

This Project is financially supported by the European Commission within the Framework programme for judicial cooperation in civil matters of the European Commission