The judge in the European Judicial Area: Civil and Commercial matters.(9th edition 2011-2012)

UNIT 12 Judicial cooperation in the EU: The institutions behind itAUTHOR: Hugo Novales AUTHOR: Hugo Novales

Bilbao.Bilbao.Senior Judge in Girona, Senior Judge in Girona,

member of the Civil Judicial member of the Civil Judicial Network (REJUE).Network (REJUE).

The European Judicial Network in Civil and Commercial Matters

http://ec.europa.eu/civiljustice/index_en.htm

Origins (Decision 28/5/2001)Origins (Decision 28/5/2001)

Functions and aimsFunctions and aims

CompositionComposition

Practical usePractical use

AIMS AND MEMBER STATES

AIMSAIMS• Improve, simplify and speed-up international judicial Improve, simplify and speed-up international judicial

cooperationcooperation• Improve access to JusticeImprove access to Justice• Develop the principle of mutual recognitionDevelop the principle of mutual recognition

MEMBERSMEMBERS• EU Members (except Denmark) EU Members (except Denmark) • Observers: Denmark and candidate countriesObservers: Denmark and candidate countries

MEMBERS

a) Contact points

b) Central authorities

c) Liaison magistrates

d) Other members

WORK OF THE EUROPEAN CIVIL NETWORK

1.1. Guarantee the proper Guarantee the proper evolution of procedures evolution of procedures with international elementswith international elements

2.2. Speed-up and resolve Speed-up and resolve problems resulting from problems resulting from the application of the application of instruments of international instruments of international judicial cooperation in civil judicial cooperation in civil mattersmatters

WORK OF THE EUROPEAN CIVIL NETWORK

3.3. Ensure effective Ensure effective application of the application of the instruments of judicial instruments of judicial cooperation in civil cooperation in civil matters in Europematters in Europe

KnowledgeKnowledge Analysis of the instruments and Analysis of the instruments and

proposed reforms (Brussels I, proposed reforms (Brussels I, evidence, European enforcement evidence, European enforcement order)order)

Practical guides (Brussels II bis, Practical guides (Brussels II bis, European order for payment European order for payment procedure, videoconferences)procedure, videoconferences)

DatabaseDatabase

WORK OF THE EUROPEAN CIVIL NETWORK

4.- 4.- Providing informationProviding information EU law on international EU law on international

judicial cooperation judicial cooperation National application National application

mechanismsmechanisms International instruments of International instruments of

judicial cooperationjudicial cooperation Case lawCase law National judicial and legal National judicial and legal

systemssystems Dissemination (European Dissemination (European

Day of Civil Justice 25 Day of Civil Justice 25 October 2009)October 2009)

LIAISON MAGISTRATES

SPAINSPAIN

FRANCE

ITALY

UNITED KINGDOM

Origins (Joint Action 22/4/1996)Origins (Joint Action 22/4/1996) Aims and tasks “Aims and tasks “to increase the speed to increase the speed

and effectiveness of judicial and effectiveness of judicial cooperationcooperation – exchange of – exchange of information”information”

Practical use (Preference for criminal Practical use (Preference for criminal matters and limited to countries that matters and limited to countries that exchange liaison magistratesexchange liaison magistrates))

REJUE (Spanish Judicial Network).

A group of experts in international cooperation, distributed throughout Spain (network structure) and with the basic function of providing support to the courts in matters of international judicial cooperation.

Regulated in Articles 81 to 85 of the Regulation on Ancillary Aspects of Judicial Procedure

REDUE (Network of Experts on EU law).

Resolution of the Plenary Session of the General Resolution of the Plenary Session of the General Council of the Spanish Judiciary of 17/5/2006Council of the Spanish Judiciary of 17/5/2006

Its function is to provide support or assistance to Its function is to provide support or assistance to the courts in applying the Community legislation the courts in applying the Community legislation and, in particular, for the proper referral of and, in particular, for the proper referral of preliminary questions to the European Court of preliminary questions to the European Court of JusticeJustice. .

Network of Court Clerks (RESEJ)

Created by Instruction 6/2010 Created by Instruction 6/2010 of the Secretariat of the Secretariat General of the Justice DepartmentGeneral of the Justice Department..

Its functions consists basically of replying to Its functions consists basically of replying to specific consultations from court clerks and specific consultations from court clerks and contributing to the creation of instruments contributing to the creation of instruments designed to facilitate, improve and promote designed to facilitate, improve and promote International Judicial CooperationInternational Judicial Cooperation..

Network of Prosecutors for International Judicial Cooperation.

Its functions consists of the enforcement or the Its functions consists of the enforcement or the coordination and monitoring of all incoming coordination and monitoring of all incoming letters rogatory to be executed by the letters rogatory to be executed by the Prosecutor’s Office or assisting the rest of the Prosecutor’s Office or assisting the rest of the Prosecutors in drafting outgoing letters rogatoryProsecutors in drafting outgoing letters rogatory. .

OTHER USEFUL INSTRUMENTS IN THE FIELD OF INTERNATIONAL JUDICIAL COOPERATION

European Judicial AtlasEuropean Judicial Atlas

VademecumVademecum

e-Justicee-Justice

Website of the Hague ConferenceWebsite of the Hague Conference

EUROPEAN JUDICIAL ATLAS:EUROPEAN JUDICIAL ATLAS:

http://ec.europa.eu/justice_home/judicialatlascivil/html/index_en.htm

The website is particularly useful as a The website is particularly useful as a resource for overcoming the practical resource for overcoming the practical obstacles that arise in direct cooperation obstacles that arise in direct cooperation between judicial authorities.between judicial authorities.

Vademecumhttp://www.prontuario.org/

This instrument has the benefit of enlarging on This instrument has the benefit of enlarging on the information supplied by the Judicial Atlas, the information supplied by the Judicial Atlas, extending it to all regulatory instruments extending it to all regulatory instruments applicable to Spain, be they multilateral or applicable to Spain, be they multilateral or bilateral rules, issued by the European Union, bilateral rules, issued by the European Union, the Hague Conference, the Organisation of the Hague Conference, the Organisation of American States or other international bodiesAmerican States or other international bodies..

WEBSITE OF THE HAGUE CONFERENCEhttp://www.hcch.net/index_en.php

e-JUSTICEhttps://e-justice.europa.eu/home.do?plang=en&action=home