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Strasbourg - 10.12.2014 The Various European Systems of Enforcement Professor of Urals State Law University Vladimir Yarkov (Yekaterinburg) 1.

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Presentation on theme: "Strasbourg - 10.12.2014 The Various European Systems of Enforcement Professor of Urals State Law University Vladimir Yarkov (Yekaterinburg) 1."— Presentation transcript:

1 Strasbourg The Various European Systems of Enforcement Professor of Urals State Law University Vladimir Yarkov (Yekaterinburg) 1

2 Significance of the enforcement proceedings Guide Lines on Enforcement CEPEJ 2009 Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms: the right to a fair trial = the right to execution of judgment Judicial officer – a guarantor of the rule of law Judicial officer – a guarantor of legal security for protection of human rights and economic development 2

3 Grounds for classifications of the systems of enforcement Differentiation and rapprochement of main law systems Global character of judicial officer's activity in a world economy Need for creation of general standards of activity, development of the profession of judicial officer 3

4 Classifications of the systems of enforcement Main criteria: According to connection with court According to a degree of extra- budgetary component in organization of the profession 4

5 According to connection with courts Systems of enforcement, operating within judicial branch Systems of enforcement, operating within executive branch 5

6 According to a degree of extra- budgetary component Public systems Extra-budgetary (private) systems Combined systems Report CEPEJ 2014 – an increase of the number of combined and extra- budgetary (private) systems 6

7 Unity of the judicial officer's status in all systems There is no judgment without judicial officer (Jacques Isnard) Execution of judgments – permanent function of a state Judicial officer bears public service Status of the profession is regulated Regulation of enforcement procedures and control of the judicial officer's work 7

8 Stages of harmonization of the profession of judicial officer Conference of Ministers of Justice of Europe (Moscow, October, 2001) Recommendation 17 (2003) of Comitee of Ministers of the Council of Europe «On Enforcement Proceedings» Guide Lines on Enforcement CEPEJ 2009 Report of CEPEJ 2014 – monitoring 8

9 Value and significance of Guide Lines on Enforcement CEPEJ 2009 They originate from universality of the profession of judicial officer They are based on common elements of a judicial officer's competence for different states of the Council Of Europe They defined perspectives of development of the profession and its new horizons They are a base for organization of international cooperation 9

10 Guide Lines on Enforcement CEPEJ 2009 and perspectives of development of the profession Judicial reforms of last 25 years have raised the status of the court It requires the rise of judicial officer's status and organization of the profession Globalization of law and economy, free movement of debtor's assets defines the need for general standards of work and rapprochement of national systems of enforcement 10

11 Global significance of Guide Lines on Enforcement CEPEJ 2009 Due to universality of approaches Guide Lines on Enforcement CEPEJ 2009 are applicable in all states of the Council of Europe and other countries in our planet Realization of principles of Guide Lines will provide the rule of law and legal security of a person and economy, development of the profession of judicial officer 11

12 Thank you very much for your attention ! 12


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