European civil procedure law Judicial cooperation in civil matters

Course general characteristics Tutor: Renáta Šínová Office: n. 41, building B Tel. +420585637708, Fax. +420585637708 Email: renata.sinova@upol.cz Reference hours for students: Wednesday: 9:00 – 11:45

Course general characteristics 12 lessons Two absences allowed Exam – final test – in December Substantive homework during the semester

Course general characteristics Introduction to judicial cooperation, historical background The Brussels I Regulation The Brussels I Regulation, European Enforcement Order The Brussels I Regulation, European Enforcement Order – workshop, case studies The Brussels II Regulation The Brussels II Regulation – workshop, case studies The service of documents, The evidence taking European payment order Small claims procedure Insolvency Law European payment order, small claims procedure, insolvency law – workshop Final test

Introduction to European civil procedure – historical background

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.

Historical Background The foundation of European communities – the primary aim was economic integration. The free movement of goods, people, services and capital ---> growth of disputes with international element. Originally – the Communities had not competence in the field, only article ex 220 of EC Treaty (now 293).

The Brussels Convention 1968 concluded international convention – The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters so called Brussels I convention.

The Lugano Convention The Brussels Convention – was not open for ratification of other than member states. ---> 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 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 level of cooperation increased.

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.

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.

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. Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings European Parliament and Council Regulation No 805/2004 of 21 April 2004 creating a European enforcement order for uncontested claims.

The legal sources Regulations: 7. Regulation No 1896/2006 of the European Parliament and of the Council of 12 December creating a European enforcement order for payment procedure 8. Regulation No 861/2007 of the European Parliament and of the Council of 11 July establishing a European small claims procedure ……….

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. Brussels I convention – still valid between member states (except the new member states) and Danemark Other acts e.g. Green Paper on a European order for payment procedure and on measures to simplify and speed up small claims litigation [COM(2002) 746 final - Not published in the Official Journal].

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/judicialatlascivil/html/index_en.htm - European judicial atlas in civil matters