Evaluation European Enforcement Order
From December 2021 – June 2022, the team of the Vici project ‘Affordable Access to Justice’ at Erasmus School of Law organizes an online seminar series dedicated to Trends and Challenges in Costs and Funding of Civil Justice.
The series kicked off on 15 December 2021, with a general session that addressed several topics of access to justice and costs and funding, including collective redress and costs reforms, and a Law & Economics perspective.
The other seminars will zoom in on topics such as legal mobilization in Europe, the impact of Public Interest Litigation on access to justice, third party funding (TPF) in Europe, austerity policies in southern Europe and funding and costs of ADR in civil justice.
You can register for (one or more of) the seminars here.
19 January 2022, 15-17 CET
This second seminar in the series will discuss recent scholarship on legal mobilization at the Pan-European level in the context of EU Migration Law, EU Data Protection Law, and European Human Rights Law.
Lisa Harms (University of Münster) - Human rights advocacy and the transnational regulation of religion: The case of Muslim legal mobilization
Lisa Harms will focus on the case of Muslim legal mobilization at the ECtHR and present quantitative data collected regarding the legal mobilization of religious groups at the ECtHR as well as in-depth interviews conducted with litigants and their supporters.
Virginia Passalacqua (Utrecht University) - Legal mobilization via preliminary references: the case of migrant rights
Virginia Passalacqua will discuss how the EU Court of Justice became a central venue for migrant rights defenders that increasingly rely on the preliminary reference procedure to challenge national anti-migration policies. However, legal mobilization varies greatly among Member States: some countries make multiple references and others make none. Virginia Passalacqua’s presentation will shed light on the factors that facilitate or hamper legal mobilization for migrant rights before the EU Court.
Sanja Badanjak (University of Edinburgh) - Constitutional review as an opportunity structure for legal mobilization in the EU
Sanja Badanjak will discuss how constitutional complaints offer routes through which citizens’ mobilization in defence of their rights may be realized. In the EU, this can be used to voice opposition and change EU law via the preliminary reference procedure. However, this also requires further consideration of cross-country variation in citizens’ access to constitutional litigation.
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.