Evaluation European Enforcement Order
News
Research methods in Private International Law - launch events
Following the publication of the book Research Methods in International Private Law: A Handbook on Regulation, Research and Teaching (Elgar, 2024), edited by Xandra Kramer and Laura Carballo Piñeiro (see our earlier news item), two launch events were held.
The first webinar took place on 10 September 2024. After a brief introduction by the editors, eminent contributors to the book presented their views on methods of regulation, research and education in private international law. Topics addressed included recognition as a method, European law perspectives, the essence of comparative law, law & economics, and feminism in private international law. The webinar is co-organised by the University of Vigo. Speakers were Dulce Lopes (University of Coimbra), Adriani Dori (Erasmus University Rotterdam), Diego P. Fernández Arroyo (Sciences Po Law School Paris), Giesela Rühl (Humboldt University of Berlin), and Mary Keyes (Griffith University of Brisbane).
The second webinar took place on 23 September 2024. This webinar will zoomed in on the importance and methodology of education in private international law, addressing general educational aspects from the perspective of laymen and colonialism as well as teaching private international law in different jurisdictions, including The Netherlands and Nigeria. This webinar was co-organised by the University of Vigo, the American Society of International Law (ASIL) and hosted by the University of Sydney (moderated by Jeanne Huang). Speakers were Veronica Ruiz Abou-Nigm (University of Edinburgh), Chukwuma Okoli (Birmingham Law School), Abubakri Yekini (University of Manchester), Ramani Garimella (South Asian University) and Aukje van Hoek (University of Amsterdam).
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.