Securing Quality in Cross-Border Enforcement: Towards European Principles of Civil Procedure?

Summary

Access to effective justice in civil disputes lies at the heart of judicial systems, and is also embodied in Article 6 of the European Human Rights Convention. Every citizen should be able to enforce his substantive rights, or to effectively defend his rights when being sued. The recently adopted Stockholm programme, defining the political priorities of the European Union for 2010-2014, emphasises the citizen-centric approach as one of the lessons learnt from the failure to establish a European 'constitution', and recognises the great importance of effective civil justice. One of the key measures is to abolish the exequatur - the intermediate procedure in the Member State of enforcement to obtain permission to enforce a judgment from another Member State - in civil and commercial matters. If exequatur proceedings at the court of enforcement (post-testing) are abolished, it is essential to secure procedural fairness during trial at the court of origin (pre-testing). The sacrifice of crucial procedural rights, such as the right to be heard, access to information, and adequate remedies, on the pyre of efficiency should be avoided. This issue is particularly urgent, since procedural law differs substantially per Member State, and no overriding EU system of procedural guarantees exists. For example, how can it be guaranteed that a judgment rendered in Poland against a Dutch defendant and to be enforced in the Netherlands is obtained in a fair trial? Which rights should be secured as a minimum requirement, and how?

This research will identify current problems, review what will qualify as fundamental procedural rights, and formulate principles to secure minimum standards of civil justice. While securing quality of justice, such principles of European civil procedure will greatly facilitate more effective justice in cross-border cases and invigorate the judicial systems of individual Member States.

Output

Book or monography

  • X.E. Kramer, C.H. van Rhee(2012): Civil Litigation in a Globalising World pp. 389 , The Hague

Thesis

  • Beoogd: proefschrift
  • Beoogd: proefschrift

Chapter in book

Scientific article

Professional publication

Publications for the general public

Details

Project number

452-10-017

Main applicant

Prof. dr. X.E. Kramer

Affiliated with

Erasmus Universiteit Rotterdam, Faculteit der Rechtsgeleerdheid, Privaatrecht

Team members

M.I. Hazelhorst LLM, Prof. dr. X.E. Kramer, E.A. Ontanu LLM

Duration

01/05/2011 to 14/12/2016