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Following the venerable principle that “justice delayed is justice denied”, the European Council has called for “further reduction of the intermediate measures which are still required to enable the recognition and enforcement of a decision or judgment”, and the Commission has also emphasised that the traditional exequatur required to enforce debt collection is an obstacle to the free circulation of judgments, entails unnecessary costs and delays for the parties, and discourages companies and citizens. However, even EU law cannot break the classic division between trial in the Member State of origin and enforcement in the Member State of enforcement. Efficiency of enforcement remains a national matter.
This in-depth commentary and analysis on the three main EU regulations facilitating cross-border debt collection compares them amongst themselves and with the solutions relating to recognition and enforcement in the enacted but not yet enforced Recast Brussels I Regulation. In country-by-country analyses written by local experts, the implementation of these measures in 13 Member States is accompanied with evaluation of national summary procedures. Emphasis throughout is on the analysis of legal remedies safeguarding the rights of parties, as access to remedies is among the chief factors determining the speed and success of proceedings.
Among the issues and topics covered are the following: