Naslov
Enforcement of the EU regulations on cross-border collection of monetary claims

Autori
Tičić, Martina

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, ostalo, znanstveni

Skup
Rijeka Doctoral Conference RIDOC 2022

Mjesto i datum
Rijeka, Hrvatska, 8.-9.12.2022

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Podatak o recenziji nije dostupan

Ključne riječi
enforcement ; EU ; monetary claims ; cross-border

Sažetak
Within the EU, circulation of judgments, authentic instruments and court settlements is becoming a regularity. While the process of acquiring a judgment might be somewhat easy in some cases, the process of recognition and enforcement of foreign judgments is in no way an easy procedure. On the contrary, cross-border enforcement is a particularly intricate process. This is especially relevant when looking at EU regulations which provide for different enforcement systems. While some require an exequatur procedure to declare the decision enforceable, other abolish such procedure completely, with other options in the middle ground. The complexities do not stop there, since the EU regulations do not deal with all of the procedural issues. While regulations do prescribe when the judgment becomes enforceable in the Member State of enforcement, they do not regulate the process of enforcement itself. The process of enforcement is left to the national law of the Member State of enforcement. With different enforcement practices in different Member States, the problem of cross-border enforcement becomes even more intricated. Such a complex system creates a fertile ground for misunderstandings, errors in application, as well as violations of procedural rules in practice, which makes an interesting and relevant topic for further research, with the aim of possibly improving the system itself. The main aim of the doctoral research is to pinpoint the problems that can emerge in cross- border enforcement and offer possible solutions for the improvement of the relevant EU rules on the cross-border recognition and enforcement so as to make the process of enforcement easier for every participant involved. The research focuses on the EU Regulations that govern the cross-border collection of monetary claims, as well as on the national enforcement practices of the selected Member States.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

Napomena
Rad je financiran sredstvima Hrvatske zaklade
za znanost iz projekta Razvoj karijera mladih
istraživača (DOK-01-2020).

POVEZANOST RADA