HOW FAR HAVE WE REACHED IN EUROPEAN COOPERATION IN CIVIL MATTERS? A VIEW ON EUROPEAN ENFORCEMENT
Journal Title: CES Working Papers - Year 2015, Vol 7, Issue 2
Abstract
The EU judicial cooperation in civil matters system was developed following the needs of member states to achieve a common goal, which is to create a space of mutual recognition of judgements and distribute the juridical effects of the order created under one jurisdiction thru out the entire European space. One of the main pillars of this system is the creation of European Enforcement Orders, judgements or other titles enforceable in a member state without prior recognition of declaration of enforceability. This system has been developed other the years, starting with the European Enforcement Order for uncontested claims, continuing with the European Order for Payment procedure and European Small Claims procedure, and reaching its peak in Regulation (EU) 1215/2012. By virtue of this Regulation, entered into force in January 2015, a judgment given in a Member State which is enforceable in that Member State shall be enforceable in the other Member States without any declaration of enforceability being required (art. 39). The article analyses the evolution of EU regulation regarding the enforceability of foreign judgements and the system created under Regulation (EU) 1215/2012, given its importance for the judicial cooperation in civil matters and its impact on the legislation of member stated. Also, a brief analysis of the provisions of the new Romanian civil procedure Code is made, given its amendments by Law no. 138/2014.
Authors and Affiliations
Nicolae-Horia TIT
Keywords
Related Articles
- EP ID EP106292
- DOI -
- Views 110
- Downloads 0
MEDIA MANIPULATION AND PSYCHOLOGICAL WAR IN UKRAINE AND THE REPUBLIC OF MOLDOVA
Media manipulation and psychological war in Ukraine and the Republic of Moldova is a battleground of various psychological methods in order to subordinate the masses often under cover of alleged common good. In this rega...
PROBLEMS AND COSTS OF THE EUROPEAN UNION EXPANSION WITH OVER 27 STATES
Once on his way to enlargement, the European Union has taken a road of no return. History has shown that all candidate countries have become a point of EU Member States. The question thus is not where you go to the Europ...
WESTERN BALKAN COUNTRIES ON THE ROAD OF EUROPEAN INTEGRATION: RESULTS AND TENDENCIES
The article analyses the negotiations between European Union and countries of the Western Balkans and attempts to identify where the major problems are likely to be. The main obstacles in the process of European integrat...
MODELS AND PRACTICES OF CORPORATE GOVERNANCE WORLDWIDE
In the current context of globalization, we can no longer talk about increasing organizational value ignoring the interests of shareholders, employees, business partners, etc. Such interests may come into conflict, leadi...
THE EUROPEAN UNION CONVERGENCE IN TERMS OF ECONOMIC AND HUMAN DEVELOPMENT
In the context of EU enlargement there is no universal model which should offer a unique solution for diminishing the disparities in the development of a country. An approach only from the point of view of economic growt...