EIRP Proceedings, Vol 4 (2009)

Abstract

The reasons for which Europe is now committed more and more on the way to a unitary legal system are complex. Evolution dynamics creates necessary links and political, economic and social structures, of supranational nature, which have led, not only to actions taken at EU level, for the purposes of national law harmonization, but it also lead to initiatives towards unifying the European law system. From the substantial point of view, most of the national law domain has a community dimension. The European Union has set the objective for maintaining and developing as an area of freedom, security and justice, where it is guaranteed the free movement of people. Within the EU common judicial area, the judicial cooperation is conducted on the basis of some
community instruments that are based on the principles of mutual recognition and confidence between the Member States' legal systems. The gradual establishment of this area and the proper functioning of the internal market need to improve, to simplify and to speed up the real judicial cooperation between Member States in civil and commercial matters. To achieve the set objectives, this cooperation is oriented towards establishing the means of harmonizing the laws of the Member States and it aims at the institutions' participation that have specific responsibilities in the domain of judicial cooperation in civil and commercial matters.