Evaluation European Enforcement Order
The ERC Building EU Civil Justice team is running a series of seminars. The series covers a variety of topics in the field of European civil justice and zoom in on the key topics our group has been working on over the past four years. These include the privatization and digitalization of civil justice, cross-border judicial co-operation, international business courts, and self-representation. Each session will bring together invited speakers and our own researchers. To join us for one or more of these sessions, please register here over Eventbrite.
Thursday, 15 July (15.30-17.30 CET)
European Civil Justice in Transition: Past, Present & Future
In this last seminar of the series several highly regarded academics in the area of European civil justice shed their light on key current and future issues, including digitisation, collective redress, ADR and funding of civil justice.
Speakers: Alan Uzelac, Burkhard Hess, Eva Storskrubb and John Sorabji (moderated by Alexandre Biard and Xandra Kramer)
Thursday, 1 July (16:00-18:00)
Friday, 2 July (09:30-11:30)
The Arbitralization of Courts
Thursday, 6 May (15:00-17:00)
Friday, 21 May (10:00-12:00)
Friday, 4 June (10:00-12:00)
Published: February 1, 2021
The European Order for Payment Regulation became applicable in 2005 and aims to smoothen cross-border enforcement of debts. After the partial abolition of exequatur in the enforcement rules on parental responsibility in the Brussels II-bis Regulation, it was the first broad instrument to abolish intermediate proceedings for enforcement in civil and commercial matters as far is it concerns an uncontested claim. For that purpose it introduces a number of minimum norms of civil procedure, in particular on the service of documents and information. This instrument was followed by a number of other instruments, including the European order for payment procedure, the Small Claims procedure and the Account preservation order, that advanced the harmonisation of civil procedure and the abolition of exequatur. With the Brussels I-bis Regulation becoming applicable in 2015, the abolition of exequatur with the aim to simplify cross-border enforcement reached its momentum.
Fifteen years after the European Enforcement Order Regulation became applicable it was high time that the Regulation be evaluated. Xandra Kramer acted as national reporter for the Netherlands. In addition, she wrote a response to the public consultation on the request of the European Law Institute (here) and participated to an opinion of the EAPIL (here).
Apart from evaluating the overall functioning in the Member States, the question is also whether it is still a useful instrument considering the enactment of new instruments and the abolition of exequatur under Brussels I-bis. While it is still used in the Netherlands and part of the other Member States, the undesired multiplicity and incoherence of instruments in the area of European civil procedure coupled with the inherent complexity of the present Regulation cast doubt. While it has served its purpose in enhancing access to justice its value in the present European civil justice system is very limited.