Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-5nwft Total loading time: 0 Render date: 2024-05-16T03:05:31.460Z Has data issue: false hasContentIssue false

Chapter 8 - Conclusions

Published online by Cambridge University Press:  11 October 2018

Get access

Summary

L'Europe ne se fera pas d'un coup, ni dans une construction d'ensemble: elle se fera par des réalisations concretes créant d'abord une solidarité de fait’, Robert Schumann

Introduction

The present chapter analyses the results of the enactment and application of two of the three current European uniform procedures. The third procedure, the European Account Preservation Order (EAPO), only became applicable on 18 January 2017, and is therefore only incidentally addressed.

As described in Chapter 1, the analysis was carried out in four European jurisdictions: England and Wales (hereafter England), France, Italy, and Romania. The main research question was whether the EOP and the ESCP improved cross-border litigation in terms of securing effective enforcement mechanisms while protecting parties’ procedural rights. In order to answer this, the following sub-questions were addressed in Chapters 3–7:

  • 1) Which national instruments serve a purpose similar to that of the EOP and the ESCP, and how do they function in practice?

  • 2) How are the European uniform procedures implemented within the legal framework of the analysed national systems?

  • 3) How are these European procedures perceived and applied in practice?

  • 4) To what extent do the EOP and the ESCP succeed in providing effective alternative instruments in cross-border litigation?

  • 5) Do the European uniform procedures offer sufficient guarantees for the parties’ procedural rights?

  • A complementary question is based on the answers to the main question, investigating whether the template established by the European uniform procedures represents a model for future procedures aimed at simplifying cross-border enforcement and harmonising civil procedures.

    The analysis considers and refers to the EAPO procedure whenever it is considered to contribute to the discussion generated by the follow-up question.

    The chapter first concludes on the findings reported in previous chapters, and then addresses the follow-up question concerning developments and future projects in the area of European civil justice.

    Chapters 2–7 discuss and assess the application of the EOP and the ESCP, looking at their implementation and interaction with domestic rules and procedures. Chapter 2 explores the main features of the first two European uniform procedures, focusing on their standards and characteristics, and on their interaction with domestic procedural rules.

    Type
    Chapter
    Information
    Cross-Border Debt Recovery in the EU
    A Comparative and Empirical Study on the Use of the European Uniform Procedures
    , pp. 417 - 444
    Publisher: Intersentia
    Print publication year: 2017

    Access options

    Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

    Save book to Kindle

    To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

    Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

    Find out more about the Kindle Personal Document Service.

    • Conclusions
    • Elena Alina Ontanu
    • Book: Cross-Border Debt Recovery in the EU
    • Online publication: 11 October 2018
    • Chapter DOI: https://doi.org/10.1017/9781780687193.008
    Available formats
    ×

    Save book to Dropbox

    To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

    • Conclusions
    • Elena Alina Ontanu
    • Book: Cross-Border Debt Recovery in the EU
    • Online publication: 11 October 2018
    • Chapter DOI: https://doi.org/10.1017/9781780687193.008
    Available formats
    ×

    Save book to Google Drive

    To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

    • Conclusions
    • Elena Alina Ontanu
    • Book: Cross-Border Debt Recovery in the EU
    • Online publication: 11 October 2018
    • Chapter DOI: https://doi.org/10.1017/9781780687193.008
    Available formats
    ×