UNIFICIRANI EVROPSKI GRAĐANSKI SUDSKI POSTUPCI
UNIFIED EVROPEAN CIVIL COURT PROCEDURES
Author(s): Alena Huseinbegović, Viktorija HaubrichSubject(s): Civil Law, EU-Legislation, Court case
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: unified civil court procedures; Evropean enforcement title procedure for undisputed claims; Evropean payment order procedure and Evropean small claims procedure;
Summary/Abstract: The paper deals with three Evropean Union Regulations that regulate unified civil court procedures: Regulation (EC) no. 805/2004 of the Evropean Parliament and the Council from April 21, 2004 that introduces the Evropean enforcement title for undisputed claims, Regulation (EC) no. 1896/2006 on the introduction of the Evropean payment order procedure, Regulation no. 861/2007 of the Evropean Parliament and the Council from July 11, 2007 on the introduction of the Evropean procedure for small claims (Regulation (EU) 2015/2421 on amending the Regulation (EC) No. 861/2007 on the introduction of the procedure for small claims and Regulation (EC) No. 1896/2006 on the introduction of the Evropean payment order procedure). The joint main goal of the regulations was to create simplified and fast procedures in which costs are reduced and on the basis of which certain claims in civil and commercial cases can be quickly resolved in cross-border situations conducted by filling in standardized forms available in each member state. Decisions from these procedures are recognized and enforced in other member states without the need to carry out a previous intermediate procedure before recognition and enforcement. Bosnia and Herzegovina, as a country with candidate status for membership of the Evropean Union, is obliged to harmonize its legislation with the acquis communautaire, and it is necessary to incorporate special chapters of the “Evropean procedures” into civil and enforcement laws with the incorporation of unified civil court procedures.
Journal: Anali Pravnog fakulteta Univerziteta u Zenici
- Issue Year: 16/2023
- Issue No: 33
- Page Range: 377-404
- Page Count: 28
- Language: Bosnian