Modernising judicial cooperation in civil and commercial matters: Implementation Appraisal

This briefing is one in a series of 'Implementation Appraisals' on the operation of existing EU legislation in practice. Each such briefing focuses on a specific EU law which is likely to be amended or reviewed, as foreseen in the European Commission's Annual Work Programme.

Implementation Appraisals aim to provide a succinct overview of material publicly available on the implementation, application and effectiveness of an EU law to date – drawing on available input from the EU institutions and external organisations. They are provided to assist parliamentary committees in their consideration of the new proposals, once tabled.The EU regulation on the service of documents and the EU regulation on taking of evidence are key instruments in the facilitation of cross-border cooperation between national civil courts. They have contributed to the effectiveness of cross-border litigation before civil and commercial courts by making civil proceedings in cross-border cases simpler, faster and cheaper.

However, digitalisation and the use of electronic means of communication could boost their efficiency. This is why the European Commission was aiming to align the two instruments with the e-government objectives of the digital single market strategy. The Commission's review process had also brought to light some other shortcomings in the application of the two regulations, such as uncertainties regarding their scope and issues relating to the protection of the rights of the defence. Current disparities in the procedural laws of the Member States lead to legal uncertainties in the application of the regulations. The Commission was seeking ways to modernise judicial cooperation in civil and commercial matters, and in particular Regulations 1393/2007/EC and 1206/2001/EC. To that end, it was undertaking a combined evaluation and impact assessment for both regulations during 2018.

EP: EPRS: Briefing: Implementation Appraisal: Ex-ante Impact Assessment http://www.europarl.europa.eu/thinktank/en/search.html?policyAreas=EXIMAS

EP: EPRS: Briefing: Implementation in Action, November 2017: Implementation appraisals following the Commission Work Programme 2018 http://www.europeansources.info/record/implementation-appraisals-following-the-commission-work-programme-2018/

European Commission: Report ... on the application of Regulation (EC) No 1393/2007 ... on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (COM (2013)858) http://www.europeansources.info/record/report-from-the-commission-to-the-european-parliament-the-council-and-the-european-economic-and-social-committee-on-the-application-of-regulation-ec-no-1393-2007-of-the-european-parliament-and-of-t/

European Commission: Report ... on the application of the Council Regulation (EC) 1206/2001 ... on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (COM (2007)769) http://www.europeansources.info/record/report-from-the-commission-to-the-council-the-european-parliament-and-the-european-economic-and-social-committee-on-the-application-of-the-council-regulation-ec-1206-2001-of-28-may-2001-on-cooperat/

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