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Author: Xandra E. Kramer
Publisher:
ISBN:
Category :
Languages : en
Pages : 19
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Book Description
This working paper emanates from a conference on European civil procedure (Uppsala, September 2013), and is expected to be published in a conference book in 2015.The paper evaluates the experiences with the European order for payment procedure and the European small claims procedure, 5 years after their introduction. It discusses general impressions regarding the application of these procedures in the Member States and extent of their potential. The discussion is illustrated by drawing on the implementation of and practical experiences with these procedures in the Netherlands based on case law and empirical research. It reviews the Commission proposal to amend the Small Claims Regulation and the potential impact on the use and functioning of this procedure.It concludes that though experiences during the past five years have not all been positive, one should realise that any change and innovation in procedural law takes a long time to calibrate. Skepticism in relation to the European procedures, and particularly the ESCP, is understandable. However, it is a fact that the number of cross-border transactions is increasing and so are the disputes resulting from these. Most of the amendments that the Commission has proposed in relation to the ESCP - and that might be followed in the EOP revision - are realistic as to what the bottlenecks are. Nevertheless, one may argue as to how they may and can best be tackled, particularly in times of financial distress.As regards the European debt-collection procedures, there is still a great deal to do to raise awareness. For the European policy maker and legislature, along with the individual Member States, the time has come to invest in the further consolidation, implementation, and evaluation of the instruments. Empirical evidence concerning what works and what does not is of utmost importance, especially where European idealism and economic rhetoric no longer suffice as driving forces. Member States' judges have to adopt a reactive approach in the application of the European civil procedures to fill in the gaps between European and domestic procedure in daily practice. Further, academics have a role to play and should contribute to shape the new architecture and to connect the dots of European civil procedure.
Author: Xandra E. Kramer
Publisher:
ISBN:
Category :
Languages : en
Pages : 19
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Book Description
This working paper emanates from a conference on European civil procedure (Uppsala, September 2013), and is expected to be published in a conference book in 2015.The paper evaluates the experiences with the European order for payment procedure and the European small claims procedure, 5 years after their introduction. It discusses general impressions regarding the application of these procedures in the Member States and extent of their potential. The discussion is illustrated by drawing on the implementation of and practical experiences with these procedures in the Netherlands based on case law and empirical research. It reviews the Commission proposal to amend the Small Claims Regulation and the potential impact on the use and functioning of this procedure.It concludes that though experiences during the past five years have not all been positive, one should realise that any change and innovation in procedural law takes a long time to calibrate. Skepticism in relation to the European procedures, and particularly the ESCP, is understandable. However, it is a fact that the number of cross-border transactions is increasing and so are the disputes resulting from these. Most of the amendments that the Commission has proposed in relation to the ESCP - and that might be followed in the EOP revision - are realistic as to what the bottlenecks are. Nevertheless, one may argue as to how they may and can best be tackled, particularly in times of financial distress.As regards the European debt-collection procedures, there is still a great deal to do to raise awareness. For the European policy maker and legislature, along with the individual Member States, the time has come to invest in the further consolidation, implementation, and evaluation of the instruments. Empirical evidence concerning what works and what does not is of utmost importance, especially where European idealism and economic rhetoric no longer suffice as driving forces. Member States' judges have to adopt a reactive approach in the application of the European civil procedures to fill in the gaps between European and domestic procedure in daily practice. Further, academics have a role to play and should contribute to shape the new architecture and to connect the dots of European civil procedure.
Author: Elena Alina Onţanu
Publisher:
ISBN: 9781780686097
Category : Civil law
Languages : en
Pages : 0
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Book Description
This book evaluates the application of the first autonomous European civil procedures: the European Order for Payment and the European Small Claims Procedure.
Author: Cătălin Gabriel Stănescu
Publisher: Taylor & Francis
ISBN: 1000789039
Category : Law
Languages : en
Pages : 253
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Book Description
Due to the absence of due process and other procedural guarantees generally offered by judicial enforcement, informal debt collection practices (IDCPs) can become abusive, harming both consumers and the economy by threatening consumers’ physical, psychological, and economic wellbeing; exposing lawabiding debt collectors to unfair competition; undermining the financial system; and negatively impacting social peace by resorting to criminal activity. The need to control and harmonize IDCPs surfaced in connection with the European Commission’s Action Plan to tackle the high level of non-performing loans caused by the financial crisis and the Covid-19 pandemic –specifically the Proposal for a Directive on Credit Servicers, Credit Purchasers, and the Recovery of Collateral (CSD). Harmonizing the regulation of abusive IDCPs is vital for several reasons. First, IDCPs have a cross-border dimension due to the freedom of movement, enabling debt collection operations across the internal market. Second, the internal market’s size amounts to over 450 million citizens potentially exposed to abusive IDCPs. The regulatory frameworks addressing IDCPs in the E.U. display divergent characteristics that may be difficult to navigate and require creating a level-playing field for consumers and debt collectors, especially when approaches vary at Member State level. This book addresses this gap by providing a comprehensive guide to regulating informal debt collection practices in eight Member States of the E.U. and the United Kingdom (U.K.). It serves as a comparative law instrument for implementing the recently adopted CSD. It will be important reading for students, academics, and stakeholders with an interest in debt collection practices and the law.
Author: Elisabetta Silvestri
Publisher:
ISBN:
Category :
Languages : en
Pages : 16
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Book Description
After a cursory glance at the Italian procedures for the recovery of money claims, domestic and cross-borders, this essay expands on a few aspects of the implementation of Regulation (CE) No. 1896/2006 and on the failed implementation of Regulation (CE) No. 861/2007.
Author: Carla Crifò
Publisher: Kluwer Law International B.V.
ISBN: 9041144994
Category : Law
Languages : en
Pages : 452
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Book Description
To be enforceable, a foreign judgement needs some kind of ‘passport’ so that it can be given the same treatment as a judgement given at home. This is particularly true of monetary obligations. In Europe, the tension between the need for cross-border portability of such obligations and their enforcement, on the one hand, and sovereign states’ judicial control over enforcement of domestic and foreign judgements, on the other, has been addressed repeatedly by the European Court of Justice and the Commission and Council of the European Communities, most recently through the notion of ‘mutual trust.’ However, despite concerted efforts to establish some harmonization in this area, substantial divergences persist between the Member States’ procedural systems as regards the definition of an enforcement order, the procedures for enforcing judgements and, above all, the status, powers and responsibilities of enforcement officials. This major new exploration of the current status of cross-border enforcement of debts in Europe offers in-depth analysis of the most recent relevant regulation at the European Union level, as well as the default domestic regulation in England and Wales, Germany, France, Italy and Spain- five jurisdictions chosen due to the very thick web of relations they have had with each other as part of the established European order. The author provides detailed consideration of such elements of the legal landscape as the following: minimum standards for uncontested claims procedures; requirements as to service and information to be provided; extended safeguards of the creditor’s position and the rights of the defence; procedure for certification and for enforcement in the Member States of origin and of execution; and application, service and enforcement of a European Order for Payment. In the context of the intense academic and practical debate around what is being called ‘European civil procedure,’ this book contributes signally to the Commission’s stated objective of ensuring ‘as globally as possible a swift, efficient and inexpensive access to justice.’ The author details the procedural measures prescribed by the relevant directives (and their case law so far), and incidentally provides a convenient conduit to the appropriate material on the websites of the European Judicial Network and the Judicial Atlas in each jurisdiction. As lawyers continue, in the absence of ‘mutual trust’, to apply their own historic and philosophical meaning to the ‘harmonized’ procedures – no matter how much this approach is discouraged in the preambles to the regulations and directives – this book greatly illuminates the way forward in a difficult but extremely important area of European law.
Author: Ali Cem Budak
Publisher: Routledge
ISBN: 0429780117
Category : Social Science
Languages : en
Pages : 265
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Book Description
First published in 1999, Making Foreign People Pay deals with the recovery of monetary claims in cross-border legal relations and contains the results of a comparative empirical research of debt recovery procedures of three countries with different socio-legal environments, Germany, England and Turkey. In order to analyse judicial debt recovery of cross-border claims, court statistics and files have been evaluated. The data show an infrequent use of the courts in all three countries. It seems that legal efforts aiming at facilitating international procedures have not been successful. But court procedures for the recovery of monetary claims are now to a large extent interchangeable with what may be called ‘privatised methods of debt collection’, including modern financial services such as factoring, forfaiting and commercial debt collection. Empirical evidence shows that such privatization of debt collection is a strong trend in cross-border debt collection. The book is an empirical contribution to the ongoing discussion of globalization processes and describes an important field of the globalization of law.
Author: Cătălin Gabriel Stănescu
Publisher: Routledge
ISBN: 9781003343158
Category : Law
Languages : en
Pages : 0
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Book Description
"Due to the absence of due process and other procedural guarantees generally offered by judicial enforcement, informal debt collection practices (IDCPs) can become abusive, harming both consumers and the economy by threatening consumers' physical, psychological, and economic wellbeing; exposing law-abiding debt collectors to unfair competition; undermining the financial system, and negatively impacting social peace by resorting to criminal activity. The need to control and harmonize IDCPs surfaced in connection with the European Commission's Action Plan to tackle the high level of non-performing loans caused by the financial crisis and the Covid-19 pandemic - specifically the Proposal for a Directive on Credit Servicers, Credit Purchasers, and the Recovery of Collateral (CSD). Harmonizing the regulation of abusive IDCPs is vital for several reasons. First, IDCPs have a cross-border dimension due to the freedom of movement, enabling debt collection operations across the internal market. Second, the internal market's size amounts to over 450 million citizens potentially exposed to abusive IDCPs. The regulatory frameworks addressing IDCPs in the EU display divergent characteristics that may be difficult to navigate and require creating a level-playing field for consumers and debt collectors, especially when approaches vary at Member State level. This book addresses this gap by providing a comprehensive guide to regulating informal debt collection practices in eight Member States (MS) of the EU and the United Kingdom (UK). It serves as a comparative law instrument for implementing the recently adopted Credit Servicers Directive (CSD). It will be important reading for students, academics and stakeholders with an interest in debt collection practices and the law"--
Author: Vesna Rijavec
Publisher:
ISBN: 9789041148544
Category : Collection laws
Languages : de
Pages : 0
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Book Description
This in-depth commentary and analysis on the three main EU regulations facilitating cross-border debt collection compares them amongst themselves and with the solutions relating to recognition and enforcement in the enacted but not yet enforced Recast Brussels I Regulation. In country-by-country analyses written by local experts, the implementation of these measures in 13 Member States is accompanied with evaluation of national summary procedures. Emphasis throughout is on the analysis of legal remedies safeguarding the rights of parties, as access to remedies is among the chief factors determining the speed and success of proceedings.
Author: Bermans (Firm)
Publisher: Jordan Publishing (GB)
ISBN:
Category : Business & Economics
Languages : en
Pages : 336
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Book Description
The advent of the Single Market in Europe has made export sales of increasing importance to British business. This is a practical guide to the legal and procedural aspects of debt recovery in each of the main European markets. It is designed to help credit managers and financial directors minimize the risks involve in doing business abroad.
Author: Vesna Rijavec
Publisher:
ISBN:
Category :
Languages : en
Pages : 62
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Book Description
