European civil procedure law Judicial cooperation in civil matters

Course general characteristics  Tutor: Renáta Šínová  Office: n. 34, building B  Tel , Fax   Reference hours for students: Thursday: 14:00 – 16:30

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

Course general characteristics 1.Introduction to judicial cooperation, historical background – International jurisdiction, The Brussels I Regulation – The Brussels I Regulation, European Enforcement Order – The Brussels I Regulation, European Enforcement Order – workshop, case studies – Test no 1 - the date to agree upon 6.The Brussels II Regulation – The Brussels II Regulation – workshop, case studies – The service of documents, The evidence taking – (will be made up) 9.Test no 2, European payment order – Small claims procedure – Insolvency Law – European payment order, small claims procedure, insolvency law – workshop – , Test no 3

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.

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.

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) 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. the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals and of arbitration awards.

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 -- >in one moment – different versions of the convention between different states

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 ---> 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.

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).

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.

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 ]. – Brussels I Regulation 44/ 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 2201/ / / / 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 ]. 1206/ 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 / 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

The legal sources Regulations: 7. Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings 1346/ 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 ……….

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 2003/8/EC  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 ]. 2001/470/EC  International conventions e.g. Lugano convention  Other acts

The information sources  – Gateway to the European Union  mepage_ec_en.htm - Judicial network in civil and commercial matters mepage_ec_en.htm mepage_ec_en.htm  scivil/html/index_en.htm - European judicial atlas in civil matters scivil/html/index_en.htm scivil/html/index_en.htm