Modernising judicial cooperation in civil and commercial matters: Implementation Appraisal

15-05-2018

The regulation on the service of documents and the regulation on taking of evidence are key instruments in the facilitation of cross-border cooperation between national civil courts. They have contributed to the effectiveness of cross-border litigation before civil and commercial courts by making civil proceedings in cross-border cases simpler, faster and cheaper. However, digitalisation and the use of electronic means of communication could boost their efficiency. This is why the European Commission is aiming to align the two instruments with the e-government objectives of the digital single market strategy. The Commission's review process has also brought to light some other shortcomings in the application of the two regulations, such as uncertainties regarding their scope and issues relating to the protection of the rights of the defence. Current disparities in the procedural laws of the Member States lead to legal uncertainties in the application of the regulations. The Commission is seeking ways to modernise judicial cooperation in civil and commercial matters, and in particular Regulations 1393/2007/EC and 1206/2001/EC. To that end, it is currently undertaking a combined evaluation and impact assessment for both regulations at once.

The regulation on the service of documents and the regulation on taking of evidence are key instruments in the facilitation of cross-border cooperation between national civil courts. They have contributed to the effectiveness of cross-border litigation before civil and commercial courts by making civil proceedings in cross-border cases simpler, faster and cheaper. However, digitalisation and the use of electronic means of communication could boost their efficiency. This is why the European Commission is aiming to align the two instruments with the e-government objectives of the digital single market strategy. The Commission's review process has also brought to light some other shortcomings in the application of the two regulations, such as uncertainties regarding their scope and issues relating to the protection of the rights of the defence. Current disparities in the procedural laws of the Member States lead to legal uncertainties in the application of the regulations. The Commission is seeking ways to modernise judicial cooperation in civil and commercial matters, and in particular Regulations 1393/2007/EC and 1206/2001/EC. To that end, it is currently undertaking a combined evaluation and impact assessment for both regulations at once.