Supranational EU Law Procedures in the Civil Procedure Cover Image

Наднационални процедури от правото на ЕС в гражданския процес
Supranational EU Law Procedures in the Civil Procedure

Author(s): Margarita Zlatareva
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Нов български университет
Keywords: Regulation; EU; European Order for Payment Procedure; European Enforcement Order for Uncontested Claims; European Small Claims Procedure

Summary/Abstract: The paper analyses the three supranational civil procedures of the EU law, first, for the delivery of the European Enforcement Order for uncontested claims, put in place by Regulation (EC) No 805/2004, second, the European order for payment procedure, laid down by Regulation (EC) No1896/2006 and third, the European Small Claims Procedure provided for under Regulation (EC) No 861/2007. By means of those supranational civil procedures the lexfori principle is overthrown, however, the need for the national court in the state of implementation to rule outwhether the foreign judicial act may produce its legal effectsin that state is also repealed. The directly applicable rules of the above-mentioned regulationsare supported by the respective provisions of PartVII of the Civil Procedure Act of Bulgaria adopted in thecontext of the duty of EU Member States to adopt allmeasures of national law necessary to implement legallybinding Union acts as provide for under Article 291 (1)TFEU.

  • Issue Year: 2/2013
  • Issue No: 2
  • Page Range: 170-195
  • Page Count: 26
  • Language: Bulgarian