engleski

Judicial cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

On 1 January 2004, Council Regulation (EC) 1206/2001 of 28 May 2001 on Cooperation between the Courts of the Member States in the Taking of Evidence in Civil and Commercial Matters became applicable. This paper analyze basic principles of the Regulation. The courts in a requesting state can ask courts in another Member State to take evidence directly or through a central body. First, the evidence taking using the international legal aid (direct transmission between the courts) and second, direct taking of evidence by the requesting court. An effort is required on the part of all the States, first to introduce the technology into the judicial administration, and then to provide information about the available resources in an effective manner. The main purpose of the Regulation is to make the taking of evidence in a cross-border context simple, effective and swift manner in another Member State through direct contact with judicial authorities of the latter. Because of that the taking of evidence procedure in another Member State must not lead to the lengthening of national proceedings. Paper analyzes some problems, first of all unification of law of evidence which would be very difficult because of ground-breaking conceptual differences between law of civil procedure and law of evidence in particular of Member States, but by encouraging judicial cooperation. The main improvement of this Regulation is removing of need to transmit the request to the central authority. One of the most important improvement is that Regulation accelerated the procedure of evidence taking by fixing the time limit for the execution of the activities. Another important principle is that the request is executed in accordance with the national law of the requested court.

civil, commercial matters, evidence, legal aid

nije evidentirano