European civil procedure law Judicial cooperation in civil matters

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European civil procedure lawJudicial cooperation
in civil matters
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Course general characteristics

• Tutor Renáta ínová
• Office n. 34, building B
• Tel. [phone], Fax. [phone]
• Email renata.sinova_at_upol.cz
• Reference hours for students Thursday 1400
  1630

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Course general characteristics

• 12 lessons
• Two absences allowed
• Exam at least 22 points out of 30 (three tests
  during the semester)
• Substantive homework during the semester

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Course general characteristics

• Introduction to judicial cooperation, historical
  background 6.10.
• International jurisdiction, The Brussels I
  Regulation 13.10.
• The Brussels I Regulation, European Enforcement
  Order 20.10.
• The Brussels I Regulation, European Enforcement
  Order workshop, case studies 27.10.
• Test no 1 - the date to agree upon
• The Brussels II Regulation 3.11.
• The Brussels II Regulation workshop, case
  studies 10.11.
• The service of documents, The evidence taking
  17.11. (will be made up)
• Test no 2, European payment order 24.11.
• Small claims procedure 1.12.
• Insolvency Law 8.12.
• European payment order, small claims procedure,
  insolvency law workshop 15.12., Test no 3

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Introduction to European civil procedure
historical background
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General characteristics

• The notion European civil procedure is not
  official, the official designation is Judicial
  cooperation (of members states) in civil matters,
  or European judicial area (of freedom, security
  and justice) in civil matters
• May be characterised as body of acts of European
  law (acquis communautaire and the union law
  international agreements of member states)
  dealing in accordance with international element
  and mutual judicial cooperation with chosen
  institutes of national law which are usually
  composed as a part of civil procedure law.

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General characteristics

• Within the Czech legal system
• Originally a part of international private law
  (general review of the problem from the
  international point of view)
• After the entry important influence of the acts
  in the national law, concrete problems the
  application of European law within the national
  context.

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Historical Background

• The foundation of European communities the
  primary aim was economic integration.
• The free movement of goods, people, services and
  capital ---gt growth of disputes with
  international element.
• Originally the Communities had not competence
  in the field, only article ex 220 of EC Treaty
  (now 293) declared, that so far as is necessary,
  the member states shall enter into negotiations
  with each other with a view to securing for the
  benefit of their nationals
• the simplification of formalities governing
  the reciprocal recognition and enforcement of
  judgments of courts or tribunals and of
  arbitration awards.

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The Brussels Convention

• On the basis of the article 220 of the EC Treaty
  was in 1968 concluded international convention
  The Convention on jurisdiction and the
  enforcement of judgments in civil and commercial
  matters so called Brussels I convention.
• Important progress in the cooperation, but
  contained in an international convention new
  states had always the obligation to ratify the
  convention, updating obligation of ratification
  --gtin one moment different versions of the
  convention between different states

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The Lugano Convention

• The Brussels Convention was not open for
  ratification of other than member states.
• Many non member countries were interested in
  the cooperation ---gt in 1988 member states
  concluded with Norway, Iceland and Switzerland
  (European Free Trade Association) Lugano
  convention on jurisdiction and the enforcement of
  judgments in civil and commercial matters.
• The provisions of both conventions precisely
  the same.

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The Maastricht Treaty

• The Maastricht Treaty brought the foundation of
  the European Union and its pillars.
• Third pillar judicial cooperation of member
  states in civil and criminal matters.
• The judicial cooperation still did not fall
  under the competence of the European Communities,
  however the level of cooperation increased (the
  institution of the EU had the competence to issue
  union law acts).

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The Amsterdam Treaty

• The break point in the field of judicial
  cooperation in civil matters was the Amsterdam
  Treaty.
• The Amsterdam Treaty creates the Area of freedom,
  security and justice two parts civil matters
  and criminal matters.
• The judicial cooperation in civil matters is
  communitarized its legal regulation is
  transferred to the first pillar of the EU
  under the competence of the EC institutions.

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Legal regulation

• The framework is in the Article 65 of the EC
  Treaty (Title IV Visas, Asylum, immigration and
  other policies related to free movement of
  persons)
• Measures in the field of judicial cooperation in
  civil matters having cross border implications,
  to be taken in accordance with Article 67 and in
  so far as necessary for the proper functioning of
  the internal market, shall include
• Improving and simplifying
• The system for cross-border service of judicial
  and extrajudicial documents,
• Cooperation in taking of evidence
• The recognition and enforcement of decisions in
  civil and commercial cases, including decisions
  in extrajudícial cases,
• b) Promoting the compatibility of the rules
  applicable in the Member States concerning the
  conflict of laws and of jurisdiction,
• c) Eliminating obstacles to the good functioning
  of civil proceedings, if necessary by promoting
  the compatibility of the rules on civil procedure
  applicable in the Member states.
• The article 68 of the EC Treaty establishes the
  jurisdiction of ECJ for preliminary ruling
  proceedings in this field.

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The legal sources

• Regulations
• Council Regulation (EC) No 44/2001, of 22
  December 2000 on jurisdiction and the recognition
  and enforcement of judgments in civil and
  commercial matters Official Journal L 12 of
  16.01.2001. Brussels I Regulation
• Council Regulation (EC) No 2201/2003 concerning
  jurisdiction and the recognition and enforcement
  of judgments in matrimonial matters and in
  matters of parental responsibility, repealing
  Regulation (EC) No 1347/2000 Brussels II
  Regulation
• Council Regulation (EC) No 1206/2001 of 28 May
  2001 on cooperation between the courts of the
  Member States in the taking of evidence in civil
  and commercial matters Official Journal L 174 of
  27.06.2001.
• Council Regulation (EC) No 1348/2000 of 29 May
  2000 on the service in the Member States of
  judicial and extrajudicial documents in civil or
  commercial matters valid till 12.11. 2008
• Regulation (EC) No 1393/2007 of the European
  Parliament and of the Council of 13 November 2007
  on the service in the Member States of judicial
  and extrajudicial documents in civil or
  commercial matters (service of documents), and
  repealing Council Regulation (EC) No 1348/2000

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The legal sources

• Regulations
• 7. Council Regulation (EC) No 1346/2000 of 29 May
  2000 on insolvency proceedings
• 8. European Parliament and Council Regulation No
  805/2004 of 21 April 2004 creating a European
  enforcement order for uncontested claims.
• 9. Regulation No 1896/2006 of the European
  Parliament and of the Council of 12 December
  creating a European enforcement order for payment
  procedure
• 10. Regulation No 861/2007 of the European
  Parliament and of the Council of 11 July
  establishing a European small claims procedure
• .

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The Legal Sources

• Directives
• e.g. Council Directive 2003/8/EC of 27 January
  2003 to improve access to justice in cross-border
  disputes by establishing minimum common rules
  relating to legal aid for such disputes
• Decisions
• E.g. Council Decision 2001/470/EC of 28 May 2001
  establishing a European Judicial Network in civil
  and commercial matters Official Journal L 174 of
  27.06.2001.
• International conventions
• e.g. Lugano convention
• Other acts

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The information sources

• www.europa.eu Gateway to the European Union
• http//ec.europa.eu/civiljustice/homepage/homepage
  _ec_en.htm - Judicial network in civil and
  commercial matters
• http//ec.europa.eu/justice_home/judicialatlascivi
  l/html/index_en.htm - European judicial atlas in
  civil matters