JUDICIAL COOPERATION IN CIVIL MATTERS >
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Judicial cooperation in civil and commercial matters
| The Council is setting up a Judicial Network in civil and commercial matters to facilitate cooperation between Member States in these areas. Citizens will be able to use the internet to learn about the legal order in Member States, bringing cases to court, legal aid and so forth. The network is made up of contact points in the Member States. |
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ACT
Council Decision 2001/470/EC of 28 May 2001 establishing a European Judicial Network in civil and commercial matters [OJ L 174 of 27.6.2001].
SUMMARY
The gradual establishment of an area of freedom, security and justice and the sound operation of the internal market entail the need to improve, simplify and expedite effective judicial cooperation between the Member States in civil and commercial matters. This Decision is intended to implement that objective, the importance of which was recognised in the December 1998 action plan of the Council and the Commission and by the European Council held at Tampere in October 1999 by the establishment of a European Judicial Network in civil and commercial matters.
Creating a European Judicial Network in civil and commercial matters
The European Judicial Network in civil and commercial matters comprises:
- central contact points designated by the Member States and, if appropriate, a limited number of additional contact points;
- other members of the Network including the authorities with responsibility under Community or international law for judicial cooperation between the Member States, liaison magistrates and other authorities (having responsibility in the field of judicial cooperation in civil and commercial matters) whose membership of the Network is considered to be useful by the Member States.
The Member States notify the names and addresses of the contact points and the other members of the Network to the Commission and include details of how they are to be contacted and the languages they can handle. In this Decision, the term "Member State" means all Member States other than Denmark.
Informing the Member States and their citizens about civil and commercial matters
The Network has two specific tasks:
- to facilitate judicial cooperation between the Member States in civil and commercial matters by setting up an information system for members of the Network;
- to set up an information system for the public.
The Network also helps:
- to smooth procedures that have cross-border implications;
- to facilitate requests for cooperation between Member States, especially when no Community act or international instrument is applicable;
- to apply Community acts or conventions in force between the Member States.
The Network does this by facilitating contacts between the authorities of the Member States, organising regular meetings and establishing a system of information for the public on judicial cooperation in civil and commercial matters and the legal systems of the Member States.
Meeting network requirements: contact points
The contact points play a key role in the Judicial Network: they provide all the necessary information, facilitate the processing of requests for judicial cooperation, seek solutions to any difficulties that arise and assist with the preparation and updating of the information system for the public. They also maintain close contacts with the authorities involved in judicial cooperation in civil and commercial matters under the Community acts or international instruments in force.
The contact points meet at least once every six months to exchange information and experiences, to identify problems and best practices, and to determine guidelines for establishing the information system. The number of representatives attending these meetings cannot exceed four per Member State.
More general meetings, open to all members of the Network, are convened on an ad hoc basis. The Commission, the Council Presidency and the Member States decide together on the maximum number of participants at each meeting.
The Commission, in conjunction with the Council Presidency and the Member States, is responsible for the organisation and follow-up of the two types of meeting (preparing the draft agenda and the draft record, etc.), chairs the meetings and provides secretarial services for them.
Outside the meetings, the contact points can exchange information via a secure limited-access system set up by the Commission.
Member States are to monitor the linguistic capacity of their contact points to ensure that the Network runs smoothly. They are to encourage exchanges between contact points in different Member States.
Bringing information to the people
An internet-based information system about the European Judicial Network in civil and commercial matters will be gradually put in place. The Commission will be responsible for managing this information system. The system will give access to information concerning the measures in force, case law, the legal and judicial systems of the Member States and cooperation in civil and commercial matters. The system will contain practical information sheets for the public.
The information sheets will cover how to take cases to court, legal aid, appeals procedures and so forth, and will be drawn up by the contact points in the Member States and forwarded to the Commission. The Commission is responsible for the translation and formal harmonisation of the sheets. It will also provide additional information on the procedures in force at Community level. The contact points in the Member States will inform the Commission if any information needs changing.
No later than 1 December 2005 and every five years thereafter, the Commission will submit a report on the implementation of the decision to Parliament, the Council and the Economic and Social Committee. Where necessary, the Commission will propose amendments to this Decision.
REFERENCES
| Act | Entry into force | Deadline for transposition in the Member States | Official Journal |
|---|---|---|---|
| Decision 2001/470/EC | 01.12.2002 | - | OJ L 174, 27.6.2001. |
RELATED ACTS
Report dated 16 May 2006 from the Commission to the Council, the European Parliament and the European Economic and Social Committee on the application of Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters [COM(2006) 203 final - Not published in the Official Journal].
This report has been drawn up by the Commission in accordance with Article 19 of the Decision referred to above. It summarises the current characteristics and workings of the Network. The Commission believes that the Network has generally satisfied expectations, but recognises that it still has tremendous potential for development. The Network must be given the resources it needs if it is to fulfil that potential. The Commission would accordingly like:
- all the main contact points in the Member States to be able to devote their time entirely to the network and Member States to grant them the necessary prerogatives and resources;
- greater efforts to be made to complete the development of the Network's website in terms of content and languages;
- work to continue on practical guides, information initiatives and other activities regarding the discussion of concrete examples;
- contact points gradually to become accessible to the public, using on-line communication techniques.
For further information please visit the following websites:
- The European Commission's Directorate-General for Justice, Freedom and Security: Civil documentation centre : Evaluation of the functioning of the European Judicial Network of 20 June 2005 commissioned by the Commission [ PDF ];
- Judicial cooperation in civil and commercial matters .
Last updated: 30.8.2006