EIRP Proceedings, Vol 1 (2006)

Abstract

The European Union increases the judiciary cooperation in civil and comercial cases with trans-border incidence, based on the principle of mutual recognition of judiciary rulings. The aim of adopting frame-legislation is to ensure the developement of civil procedures. The Council Regulations no. 44/2001 on the competence, the recognition and the enforcement of judiciary rulings in civil and commercial cases is a “real” Code of civil procedure in this matter, to be applied in the member states, thus ensuring the free circulation of the judiciary rulings according to the principles of mutual recognition, mutual trust and reinforcement of juridical security in the union. The community civil procedural code prevails over the national procedural code. The Regulations ensure the administration of the community justice and through their rules avoid the pronunciation, in the member states, of rulings that are irreconcilable with each other, the direct beneficiaries being legal and natural persons.