Legal framework for cooperation between member states of the European Union in civil matters

Volume 5, Number 2, 2020, P. 180–188

[ JURIDICAL SCIENCES ]

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Abstract:

The article examines the features of interaction of member states of the European Union within a common space of freedom, security and justice. One of the three key elements in this regard is the legal regulation of processes developing in cooperation in civil proceedings. Against this background, the author has analyzed the issues of interaction between the bodies of the European Union and national States in the framework of building a common mechanism for cooperation in civil matters. Particular attention is paid to the analysis of the practice of Court of Justice of the European Union in regards to issues arising in the course of law enforcement. During the study, significant contradictions were identified in terms of determining the appropriate method of service of summons, service of process, as well as related to the choice of language in which court documents are drawn up. The legislation of the European Union establishes only a General framework for such regulation, leaving most of the procedural issues in the competence of national States. All this significantly complicates the process, since in cases where the party to the case resides in a state where different procedural rules are adopted; the judges have to study the legislation of another country, for example, for applicable service of summons. This raises the need for creation of a mechanism that minimizes the shortcomings of the system developed to date. The author concludes that the problem can be solved at the supernational level by creating a pan-European procedural act in civil cases.

Keywords:

European Union, the area of freedom, security and justice, judicial cooperation, civil matters, European Court of Justice

Author:

katerina V. Gaponova, Lawyer, Agency of Legal and Consulting Services “De Jure”, Kirov, Russia

For citation:

Gaponova E.V. (2020) Legal framework for cooperation between member states of the European Union in civil matters // Sotsial’naya kompetentnost’ = Social Competence. Vol. 5. No. 2. P. 180–188. (In Russ.)

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