Nowe rozwiązania w zakresie doręczania dokumentów sądowych i pozasądowych w postępowaniu cywilnym UE — rozporządzenie Parlamentu Europejskiego i Rady (UE) 2020/1784
New decisions regarding service of judicial and extrajudicial documents in the European Union: Regulation (EU) 2020/1784 of the European Parliament and of the Council
Author(s): Vytautas NekrošiusSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: civil procedure; service of judicial documents
Summary/Abstract: The third version of the Regulation on the service of judicial and extra judicial documents in the member states entered into force on 1 July this year (the first version of the Regulation is No. 1348/2000, the second is No. 1393/2007, and the most recent is No. 1784/2020). The latest version of the Regulation addresses some of the most important problems related to the service of judicial and extrajudicial documents in the member states. The first one relates to the determination of the addressee’s place of residence. In the original Regulation, it has been provided that it cannot apply when the addressee’s place of residence is unknown. The new version for the first time introduces a system of assisting the sender in establishing the addressee’s place of residence. This should substantially extend the scope of applying the Regulation. The second development concerns theextension of the use of electronic technology in the communication between receiving and transmitting agencies. The system of service established in the Regulation becomes mandatory and member states lose the possibility to restrict its use. Finally, there is a new way of serving procedural documents within a member state: electronic service. These and some other minor innovations are analysed in the article. The author concludes that the introduced innovations should contribute to a more efficient implementation of the service procedure in EU civil proceedings and to a much more active application of the Regulation in practice.
Journal: Przegląd Prawa i Administracji
- Issue Year: 128/2022
- Issue No: 1
- Page Range: 155-176
- Page Count: 22
- Language: Polish