The judge in the European Judicial Area: Civil and Commercial matters. (9 th edition )

UNIT 12 Judicial cooperation in the EU: The institutions behind it AUTHOR: Hugo Novales Bilbao. AUTHOR: Hugo Novales Bilbao. Senior Judge in Girona, member of the Civil Judicial Network (REJUE). Senior Judge in Girona, member of the Civil Judicial Network (REJUE).

The European Judicial Network in Civil and Commercial Matters

ndex_en.htm ndex_en.htm Origins (Decision 28/5/2001) Functions and aims Functions and aims Composition Composition Practical use Practical use

AIMS AND MEMBER STATES AIMS AIMS Improve, simplify and speed-up international judicial cooperation Improve, simplify and speed-up international judicial cooperation Improve access to Justice Improve access to Justice Develop the principle of mutual recognition Develop the principle of mutual recognition MEMBERS MEMBERS EU Members (except Denmark) EU Members (except Denmark) Observers: Denmark and candidate countries Observers: Denmark and candidate countries

MEMBERS a)Contact points b) Central authorities c)Liaison magistrates d) Other members

WORK OF THE EUROPEAN CIVIL NETWORK 1. Guarantee the proper evolution of procedures with international elements 2. Speed-up and resolve problems resulting from the application of instruments of international judicial cooperation in civil matters

WORK OF THE EUROPEAN CIVIL NETWORK 3. Ensure effective application of the instruments of judicial cooperation in civil matters in Europe Knowledge Knowledge Analysis of the instruments and proposed reforms (Brussels I, evidence, European enforcement order) Analysis of the instruments and proposed reforms (Brussels I, evidence, European enforcement order) Practical guides (Brussels II bis, European order for payment procedure, videoconferences) Practical guides (Brussels II bis, European order for payment procedure, videoconferences) Database Database

WORK OF THE EUROPEAN CIVIL NETWORK 4.- Providing information EU law on international judicial cooperation EU law on international judicial cooperation National application mechanisms National application mechanisms International instruments of judicial cooperation International instruments of judicial cooperation Case law Case law National judicial and legal systems National judicial and legal systems Dissemination (European Day of Civil Justice 25 October 2009) Dissemination (European Day of Civil Justice 25 October 2009)

LIAISON MAGISTRATES SPAIN FRANCE ITALY UNITED KINGDOM

Origins (Joint Action 22/4/1996) Origins (Joint Action 22/4/1996) Aims and tasks “to increase the speed and effectiveness of judicial cooperation – exchange of information” Aims and tasks “to increase the speed and effectiveness of judicial cooperation – exchange of information” Practical use (Preference for criminal matters and limited to countries that exchange liaison magistrates ) Practical use (Preference for criminal matters and limited to countries that exchange liaison magistrates )

REJUE (Spanish Judicial Network).

A group of experts in international cooperation, distributed throughout Spain (network structure) and with the basic function of providing support to the courts in matters of international judicial cooperation. Regulated in Articles 81 to 85 of the Regulation on Ancillary Aspects of Judicial Procedure

REDUE (Network of Experts on EU law). Resolution of the Plenary Session of the General Council of the Spanish Judiciary of 17/5/2006 Resolution of the Plenary Session of the General Council of the Spanish Judiciary of 17/5/2006 Its function is to provide support or assistance to the courts in applying the Community legislation and, in particular, for the proper referral of preliminary questions to the European Court of Justice. Its function is to provide support or assistance to the courts in applying the Community legislation and, in particular, for the proper referral of preliminary questions to the European Court of Justice.

Network of Court Clerks (RESEJ) Created by Instruction 6/2010 of the Secretariat General of the Justice Department. Its functions consists basically of replying to specific consultations from court clerks and contributing to the creation of instruments designed to facilitate, improve and promote International Judicial Cooperation.

Network of Prosecutors for International Judicial Cooperation. Its functions consists of the enforcement or the coordination and monitoring of all incoming letters rogatory to be executed by the Prosecutor’s Office or assisting the rest of the Prosecutors in drafting outgoing letters rogatory.

OTHER USEFUL INSTRUMENTS IN THE FIELD OF INTERNATIONAL JUDICIAL COOPERATION European Judicial Atlas Vademecume-Justice Website of the Hague Conference

EUROPEAN JUDICIAL ATLAS: EUROPEAN JUDICIAL ATLAS: atlascivil/html/index_en.htm atlascivil/html/index_en.htm atlascivil/html/index_en.htm atlascivil/html/index_en.htm The website is particularly useful as a resource for overcoming the practical obstacles that arise in direct cooperation between judicial authorities.

Vademecum  This instrument has the benefit of enlarging on the information supplied by the Judicial Atlas, extending it to all regulatory instruments applicable to Spain, be they multilateral or bilateral rules, issued by the European Union, the Hague Conference, the Organisation of American States or other international bodies.

WEBSITE OF THE HAGUE CONFERENCE e-JUSTICE justice.europa.eu/home.do?plang=e n&action=home justice.europa.eu/home.do?plang=e n&action=home