Fédération des barreaux d’Europe
The European Judicial Network : a tool to simplify and expedite judicial cooperation in civil and commercial matters across Europe
João Paulo Simões de Almeida Secretary of the European Judicial Network in civil and commercial matters Unit E1 — General justice issues and e-justice European Commission — Directorate General Justice, Freedom and Security
The European Judicial Network : a tool to simplify and expedite judicial cooperation in civil and commercial matters across Europe
What are the objectives and tasks ?
The European Union has a wide variety of national legal systems and this diversity, together with new Community legislation, has led to a need to provide information to judges and courts dealing with cross-border cases involving two or more Member States. These cases may cover business, consumer or employment disputes, divorce, or child custody.
The European Judicial Network in civil and commercial matters (EJN-civil) was set up by the Council under a Decision of 28 May 2001 . It began operating on 1 December 2002. Denmark is not participating in the adoption of the Council Decision 2001/470/EC .
The creation of the EJN stems from the idea that the gradual establishment of a genuine area of justice in Europe entails the need to improve, simplify and expedite effective judicial cooperation between the Member States in civil and commercial matters. The Network also represents an original and practical response to the objectives for access to justice and judicial cooperation set by the Tampere (Finland) European Council in 1999. The EJN therefore provides effective access to justice for persons engaged in cross-border litigation.
The Network is a flexible, non-bureaucratic structure operating in an informal mode with a view to simplifying judicial cooperation between the Member States. It gives informal support to the central authorities provided for in their instruments and facilitates relations between the different courts.
The aims of the Network are the smooth operation of procedures having a cross-border impact and the facilitation of requests for judicial cooperation between Member States, in particular when no Community or international instrument is applicable. The Network should remain available, even when Community or international instruments provide for specific cooperation mechanisms between competent authorities (e.g. Regulation (EC) No 2201/2003 on parental responsibility).
In other words, the Network makes it easier to conduct cases with cross-border connections and to facilitate requests for judicial cooperation between Member States (e.g. to provide assistance with the service of documents or the taking of evidence). It also helps to ensure that Community legislation and conventions between Member States are properly applied in practice. For example, practice guides are available on Regulation (EC) No 2201/2003 (parental responsibility), Regulation (EC) No 1206/2001 (taking evidence) and Regulation (EC) No 805/2004 (European enforcement order for uncontested claims), as well as on judicial cooperation in civil matters generally. Two new practice guides on the European order for payment procedure and Small Claims regulations are currently under preparation. These documents are being drawn up by the Commission departments in consultation with the EJN members. The new practice guides will be disseminated in the Member States by 2010.
In conclusion, the European Judicial Network was set up to breathe life into the provisions on judicial cooperation in civil matters in the Treaty establishing the European Community and in other instruments.
Who are the EJN members ?
The Network is composed of the contact points designated by the Member States and also includes :
Bodies and central authorities provided for in Community law and in international instruments to which the Member States are party, or in domestic law relating to judicial cooperation in civil and commercial matters ;
Liaison magistrates with responsibilities for cooperation in civil and commercial matters ;
Other judicial or administrative authorities responsible for judicial cooperation in civil and commercial matters whose membership the Member State considers to be useful.
The contact points play a key role in the Network. They are available to other members and to local judicial authorities in their Member State. They are also at the disposal of authorities provided for in Community or international instruments relating to judicial cooperation in civil and commercial matters. The contact points also assist these authorities in all practicable ways. In general terms, they are in regular communication with the contact points in the other Member States.
In each Member State the contact points and the authorities provided for by Community or international instruments relating to judicial cooperation in civil and commercial matters meet regularly and exchange experience and information.
Effective liaison between members in each Member State is necessary to improve access to justice for citizens throughout the EU.
On end of March, the Network was composed of approximately 418 members divided into the four categories mentioned above. Currently 83 contact points have been nominated by the Member States.
The role of the EJN
The Network facilitates appropriate contacts between the authorities of the Member States. It organises periodic meetings of the contact points and the members of the Network (approximately six meetings per year). The EJN meetings provide a platform for discussing practical and legal problems encountered by the Member States in the course of judicial cooperation, with particular reference to the application of measures adopted by the European Community. They serve to identify best practices in judicial cooperation in civil and commercial matters and ensure that relevant information is disseminated within the Network. They provide a platform for the exchange of data and views, in particular on the structure, organisation and accessibility of the information on the Network’s website.
The EJN portal : civil law at your fingertips
The EJN information system for the public as well as for specialists is accessible on the Internet at the following address : http://ec.europa.eu/civiljustice/ . The Commission is responsible for managing it. The website covers 20 themes for 27 Member States in 22 languages. In 2009, the average number of visitors (unique visitors) per month stands at 108 000 for a total of 274 000 monthly page views.
The website includes the full text of all European legislation on civil judicial cooperation, with explanatory notes by the European Commission. For example, you can read the Regulations on jurisdiction and on recognition and enforcement of judgments, the rules applicable to conflicts of law and the European Directive on legal aid. Especially useful for practitioners is the option of downloading the relevant forms. The site provides information about the different legal systems in the Member States. You can also find national and Community publications, such as the practice guides to the new ‘Brussels II’ Regulation on parental responsibility and the Regulation on the taking of evidence (as well as the other practice guides referred to above).
The site also has a link to another online resource developed by the Commission, the European Judicial Atlas in Civil Matters, at : http://ec.europa.eu/justice_home/judicialatlascivil/.
Furthermore, since the future European e-Justice Portal is conceived as a single entry point for all justice questions and online procedures, it will contain a direct link to the EJN website, which will constitute a cornerstone of that portal. All future improvements concerning the EJN website will be implemented in synergy and coordination with the European e-Justice Portal, to the benefit of end-users as well as authorities.
Strengthening the EJN operation : access by legal professions to the Network’s activities
The main challenges and future perspectives for the EJN are linked to its new legal framework (which will apply from 1 January 2011). The new Decision will bring about better operating conditions for the Network in the Member States through national contact points and will reinforce their role both within the Network and in relation to judges and legal professions.
One of the major outcomes of the EJN reform is access by legal professions to the Network’s activities. With the entry into application of Decision No 568/2009/EC professional associations representing at national level legal practitioners in the Member States directly involved in the application of Community and international instruments concerning judicial cooperation in civil and commercial matters will be members of the Network. Moreover, there will be appropriate communication between contact points and these professionals bodies. In particular, this may include : exchange of experience and information regarding the effective and practical application of European Community instruments and Conventions ; collaboration in the preparation and updating of the information sheets available on the EJN website ; and participation in relevant EJN meetings (namely the annual meeting of the EJN members). However, professional bodies may not ask the EJN contact points for information relating to individual cases. In my view, the legal profession’s participation in the Network activities will bring added-value to the Network, for the citizens and the legal practitioners themselves.
It is for Member States to determine the professional associations which should become members of the EJN. To this end, Member States will obtain the agreement of the professional associations concerned as to their participation in the Network. Where there is more than one association representing a legal profession in a Member State, it will be the responsibility of that Member State to provide appropriate representation of that profession in the Network (Article 2, 4a of the Council Decision No 568/2009/EC).
The Member State will notify to the European Commission by 1 July 2010 the names and full addresses of the bar associations representing the profession at the national level, specifying the communication facilities available, their knowledge of languages and, where appropriate, their specific functions in the Network.
The EJN will also be strengthened by expanding the contact points’ tasks. One example is the new competence concerning the application of the law of another Member State (foreign law) whereby the local authorities receive general information concerning the Community and international instruments relating to judicial cooperation in civil and commercial matters.
Conclusion
The European Judicial Network is not a ‘gadget’. The Network is bound to become an important, even essential instrument for the realisation of the European Judicial area in civil matters. Its role and functions will increase significantly because of the adoption of new instruments in the field of civil law. Therefore, having lawyers working together with the EJN will certainly contribute to making judicial cooperation across Europe more effective.
Brussels, 29 March 2009