The European Commission has this week announced that it has adopted a proposal
for the review of the 2001 decision on the European Judicial Network in civil
and commercial matters between the Member States.
The purpose of this proposal is to endow the network with a new legal framework,
a more effective organisational structure and greater means to enable it to
play a lead role within the European judicial area as the essential vehicle
for cooperation between all those involved in civil justice in future.
Vice-President Barrot commented:
"The European Judicial Network in civil and commercial matters is the
instrument needed to make Europe into a real, tangible area of civil justice
in which the authorities and courts of the Member States will work effectively
together, an area that we are building step by step, stone by stone in the service
of our fellow citizens."
The creation of the European Judicial Network in civil and commercial matters
developed from the idea that the gradual establishment of an area of freedom,
security and justice requires the improvement, simplification and acceleration
of effective judicial cooperation between the Member States in civil and commercial
matters.
The Judicial Network in Civil Matters, which has been operating since 1 December
2002, provides tangible benefits for individuals and enterprises involved in
cross-border litigation.
Its function is to facilitate judicial cooperation between the Member States
and to improve public access to justice through its Internet site, which came
on line in 2003.
The network consists of some 400 members, contact points with the Member States,
judges, liaison magistrates and central authorities of the justice ministries.
In a report issued on 16 May 2006, the Commission had observed that the Judicial
Network in Civil Matters had generally improved judicial cooperation in the
Union, but that it was still far from achieving its full potential.
In particular, it had emerged that the effectiveness of the network in accomplishing
its tasks depended largely on the still limited performance capacities of its
contact points and that these capacities needed to be increased.
By means of this new proposal, the Commission therefore intends to strengthen
the role of the network in performing its tasks of judicial cooperation.
More particularly, the Commission proposal sets out to:
- Strengthen the role and means of the contact points designated by each Member
State;
- Open up the network to the legal professions;
- Improve public access to justice, and
- Encourage the European judicial network to adopt a more open attitude to
the world
For the European Commission, the purpose of the network has always been to
become the key instrument for the practical establishment of the European area
of civil justice.
The Commission continues to believe that the network can play a lead role as
the Union's genuine operational tool for the implementation of the Hague Programme
as regards both the evaluation of how instruments are applied and, above all,
the concrete expression of the reciprocal recognition of decisions and the improvement
of judicial cooperation in civil matters.
Without prejudice to the terms of reference of other structures, the network
must therefore quickly become a permanent forum for discussion and monitoring
the progress made and the difficulties encountered in implementing the instruments
adopted in respect of civil matters, especially via input from the contact points
and members 4 the network in terms of practical experience.