Improvement of Recognition and Enforcement of Judgements Issued by Foreign Courts from the EU-Member States

Project of Circuit Court in Wrocław. Project co-financed by European Commission.

Description of the project

Constant development of legal instruments created in order to accomplish the free flow of persons, wares, services and capital in the enlarged European Community results in increase of legal cross-border cooperation. Development of social-economic integration in Community requires improving of existing and accepting next legal instruments regulating effects connected with cross-border character of Community legal relations which can be justicable in many Member States. Regulations concerning questions of recognition and enforcement of judgements passed in one of the Member States in other Community States are particularly essential. Regulation No. 44/2001 (EN/DE/PL) and Regulation No. 805/2004 (EN/DE/PL) deserve special attention.

Correct understanding and adopting the norms in these acts can be undoubtedly reached to a larger extent if the judges' knowledge in Member States about fundamental institutions of legal systems and about procedure and methodology of judges' work in other Community States is sufficient. Better knowledge of legal features in different systems, particularly of national procedural law usually leads to removing possible doubts which can hinder the effectiveness of the process of mutual recognition and enforcement of judgements from national courts in the Community. The possibility of experiences exchange among judges in this field will create better opportunities for understanding the essence of the Community Regulations. A suitable forum for that is a seminar combined with workshop - study visits to the court in below presented form. Closer contacts and acquaintances developed during the project can appear very useful, first of all in case of necessity of fast clearing with colleagues from other Member States doubts arisen in the process of taking a decision about recognition and enforcement of specific judgement passed by a court from their country, as well as in other acts concerning matters of legal cooperation within the Community.

The programme is innovative because it allows to achieve knowledge about legal systems of neighbour Member States and to compare ways of applying Community law in practice in these countries. The results of the programme will be published on websites of participating courts and websites of Ministry of Justice in each country. The project is one of the first Polish steps in creating the mutual area of justice, freedom and security.

Approach and methodology

Creating forum for general and individual discussion about essential problems which participants faced or may face in process of recognition and enforcement of judgements from other Community States, also these with character of European Enforcement Order for uncontested claims. Discussing doubts of participants concerning interpretation of regulations and need of explaining them in form of requests for preliminary rulings to European Court of Justice, as well as doubts arising in connection with differences occuring within basic institutions of substantive and procedural law system in participating countries. Comparing national law of participants includes both content of it and established practice of implementing it.

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Activities to be undertaken

Presentation and exchange of judges' experiences in form of seminar and study visits to the court.

Seminar - for wider presenting basic institutions of substantive and procedural law system in participating countries in aspect of practical problems arising within national law and established practice of applying it.

Study visits - for individual discussions of specific problems, methodology and character of judges' work in other countries.

Final conference after study visits for analysing results and conclusion.

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Organization and implementation procedures

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