The Need for the Harmonization of Laws within the EU on Cross-Border Debt Recovery
The Need for the Harmonization of Laws within the EU on Cross-Border Debt Recovery

Summary/Abstract: In order to guarantee the efficient functioning of the single internal (Union) market, firstly, the possibility had to be created – in the field of procedural rules – for judgments passed in one Member State to be recognized and enforced in another Member State – within the frames of simplified and accelerated proceedings; secondly, in order to ensure effective legal protection for citizens – and to avoid conflicting judgments – the possibility of parallel proceedings had to be minimized, in other words, there was a need for the unification of rules of jurisdiction as well.”1 The legal rules governing enforcement, the organizational system, real estate registration, etc. differ from Member State to Member State. Based on the position held by the EU, this is the main reason why – up to now – the effectuation of enforcement has been carried out everywhere in accordance with domestic law. However, it is of essential importance for the functioning of the EU and the realization of its objectives that all Member States have similar legal rules operating with similar effectiveness in the field of judicial enforcement. Thus – due to the differences existing between the Member States – there was a need for the precise and detailed definition of minimum rules in this field. In recent years Union legislation in the field of enforcement has clearly reflected a tendency toward a unification of laws exceeding harmonisation2 : EU legislative organs do not wish to assign to the competence of the legislative organs of the Member States to define the frames of regulation themselves (as in the case of directives), on the contrary, they strive toward uniform regulation not merely concerning the ordering of enforcement but also concerning the effectuation of enforcement.3 In the EU - especially in recent decades - it has become an important objective to ensure the free movement of judicial decisions. This requires Community action and the adoption of Community legal norms in civil procedure in the field of judicial enforcement. The specific priorities for Community action for the period of 2010-2015 are laid down in the Stockholm Programme adopted by the European Council in December 2009, which is a comprehensive five-year plan for justice and security policies, the main objective of which is the adoption of proposals that make the positive achievements in justice and home affairs cooperation more effective and tangible to the citizens.4 It was in its Communication of 1998 entitled “towards greater efficiency in obtaining and enforcing judgments in the European Union”5 that the European Commission pointed out the difficulties relating to the crossborder recovery of debts, emphasizing the need for the enforcement of judgments and for establishing a Union level system of protective measures relating to debtors’ assets.

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