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Judicial Cooperation in Civil and Commercial Matters. Council Regulation (EC) No 1206/2001 of 28th May 2001 And Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007. District Judge Gordon Y Lingard Skipton, Keighley &

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judicial cooperation in civil and commercial matters

Judicial Cooperation in Civil and Commercial Matters

Council Regulation (EC) No 1206/2001 of 28th May 2001

And

Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007

slide2
District Judge Gordon Y Lingard

Skipton, Keighley &

Bradford County Courts

Yorkshire, UK.

[email protected]

service and taking evidence in another member state of the european union
Service and Taking Evidence in another Member State of the European Union
  • The regulations:
    • Apply to all Member States EXCEPT
      • Denmark has opted out of the Evidence Regulation
    • Do not apply to criminal proceedings
    • Rely on multilingual forms as Annexes
    • Require use of the forms
    • Are designed to speed the taking of evidence in other Member States and to facilitate the service of Judicial documents
the regulations 2
The regulations: (2)
  • Prohibit contracting out except where specified
  • Permit Member States to enter into bilateral agreements which complement the regulations
  • Aim to cut formality
  • Encourage speedy communication and use of information technology
  • Prescribe which language must be used in each circumstance
the regulations 3
The regulations: (3)
  • Prescribe which Member State’s law applies in the operation of the regulations
  • Prevail over national law
  • Prescribe strict time limits for compliance
  • Lay down procedures as to who sends what to whom –
  • In general terms
    • documents for service are sent from and to specified bodies in the respective Member States
    • requests for taking of evidence are made from court to court
the european judicial network in civil and judicial matters the ejn
The European Judicial Network in Civil and Judicial Matters - the EJN
  • An organisation set up to foster judicial cooperation
  • Has a website in every official language of the EU
    • http://ec.europa.eu/civiljustice/network/network_en.htm
    • Provides vital information on each Member State’s legal system or systems ( in all the official languages)
    • Has an interactive ATLAS
the european judicial network atlas
The European Judicial Network Atlas
  • http://ec.europa.eu/justice_home/judicialatlascivil/html/te_information_es.htm
  • Has dedicated tabs for both the Service Regulation and the Evidence regulation
  • Sets out all the necessary information required by the regulations to be notified to the European Commission
  • Lists the relevant courts for receiving requests to take evidence
  • Lists the relevant and “acceptable” languages for each Member State
the european judicial network atlas 2
The European Judicial Network Atlas (2)
  • Sets out the details of
    • Courts which can receive requests to take evidence-
      • not necessarily all courts in each Member State
    • Central Bodies,
    • Competent Authorities
    • Receiving Agencies and
    • Transmitting Agencies
      • Whether or not there is more than one of the above and if so their territorial jurisdiction
central bodies competent authorities receiving agencies and transmitting agencies
Central Bodies, Competent Authorities Receiving Agencies and Transmitting Agencies
  • Are required to be created maintained and notified by each Member State to the Commission
  • Are the lifeblood of operation of the Regulations
  • Are there to assist
  • THERE MAY BE MORE THAN ONE PER MEMBER STATE – consult the Atlas for information
  • Remember just because your Member State has a unified legal system does not mean the same applies elsewhere
service of judicial documents
SERVICE of JUDICIAL DOCUMENTS
  • Is always requested by a transmitting Agency to a Receiving Agency
  • May be direct if the law of both Member states permits
  • May in certain cases be by Consular Agents
taking of evidence
Taking of Evidence
  • Usually requested by any court or tribunal to a court specified in the Atlas
  • Exceptionally may be via Central Bodies
  • May involve the judicial personnel or representatives of the requesting court
  • Can include expert evidence
slide12
The end

Let us go forth and cooperate with each other

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