European civil procedure law
Judicial cooperation in civil
matters
Course general characteristics
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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
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12 lessons
Two absences allowed
Exam – final test – in December
Substantive homework during the semester
Course general characteristics
1.
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3.
4.
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
5. The Brussels II Regulation
6. The Brussels II Regulation – workshop, case studies
7. The service of documents, The evidence taking
8. European payment order
9. Small claims procedure
10. Insolvency Law
11. European payment order, small claims procedure,
insolvency law – workshop
12. 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:
a) 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:
1.
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
2.
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
3.
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].
4.
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.
5.
Council Regulation (EC) No 1346/2000 of 29 May 2000 on
insolvency proceedings
6.
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/ho
mepage_ec_en.htm - Judicial network in
civil and commercial matters
 http://ec.europa.eu/justice_home/judicialatla
scivil/html/index_en.htm - European judicial
atlas in civil matters