Participatory Enforcement of Judgments and other Enforceable Instruments: Best European Practices
Summary: 1. Introduction. – 2. International Standards. – 3 Role of Enforcement Agents in Debt Collection. – 4. Categories of Cases to Be Submitted to Participatory Enforcement. – 5. Application of Mediation by Enforcement Agents in Countries Where Enforcement Agents are not Officially Recognised as Mediators by National Law. – 6. Benefits of Participatory Enforcement. – 7. Conclusion.
Abstract
Mediation in the context of the enforcement of judgments and other enforceable documents should be distinguished from the broader and more general question of whether or not enforcement agents may serve as mediators. In Europe, there are some jurisdictions where enforcement agents may indeed serve as mediators.
This does not necessarily mean that in these jurisdictions enforcement agents use mediation in ongoing enforcement procedures executed under their supervision (the latter is qualified as ‘post-judicial mediation’ or ‘participatory enforcement’). In actual fact, examples of post-judicial mediation are scarce or non-existent even though they are discussed in literature. As will be shown in the present contribution, ‘post-judicial mediation’ is often not conceived as mediation in the strict sense (i.e. the bringing about of an amicable settlement under the guidance of a neutral mediator), but as a series of activities aimed at providing efficient and effective enforcement services. It is often better to refer to ‘post-judicial mediation’ as ‘participator enforcement’ or ‘amicable enforcement’. Best practices in participatory enforcement are the central topic of the present contribution.
This does not necessarily mean that in these jurisdictions enforcement agents use mediation in ongoing enforcement procedures executed under their supervision (the latter is qualified as ‘post-judicial mediation’ or ‘participatory enforcement’). In actual fact, examples of post-judicial mediation are scarce or non-existent even though they are discussed in literature. As will be shown in the present contribution, ‘post-judicial mediation’ is often not conceived as mediation in the strict sense (i.e. the bringing about of an amicable settlement under the guidance of a neutral mediator), but as a series of activities aimed at providing efficient and effective enforcement services. It is often better to refer to ‘post-judicial mediation’ as ‘participator enforcement’ or ‘amicable enforcement’. Best practices in participatory enforcement are the central topic of the present contribution.
About Authors
C.H. van Rhee
Professor of European Legal History and Comparative Civil Procedure, Department of
Professor of European Legal History and Comparative Civil Procedure, Department of
Foundations and Methods of Law, Faculty of Law, Maastricht University, the Netherlands
remco.vanrhee@maastrichtuniversity.nl
Corresponding author, solely responsible for the manuscript preparing. Competing interest: The author declares there is no conflict of interest. Although the author serves in the AJEE Editorial Board, which may cause a potential conflict of interest or the perception of bias, the final decisions for the publication of this article, including the choice of peer reviewers, were handled by the editors and the other editorial
Corresponding author, solely responsible for the manuscript preparing. Competing interest: The author declares there is no conflict of interest. Although the author serves in the AJEE Editorial Board, which may cause a potential conflict of interest or the perception of bias, the final decisions for the publication of this article, including the choice of peer reviewers, were handled by the editors and the other editorial
board members. Disclaimer: The author declares that he is involved in the project Pravo-Justice, Kyiv, Ukraine. However, the opinions and views expressed in this article are his own.
Acknowledgements: The author would like to thank Dr John Sorabji (London) for revising the English of this contribution.
References
1. CEPEI, Mediation Awareness and Training Programme for Enforcement Agents Ensuring the Efficiency of the Judicial Referral to Mediation CEPEJ (2021) 7. W Kennett, Civil Enforcement in a Comparative Perspective. A Public Management Challenge (Intersentia 2021).
2. CEPEJ, Guidelines for a Better Implementation of the Existing Council of Europe`s Recommendation on Enforcement CEPEJ (2009)11REV2.
3. UIHJ Publication, ‘Global Code of Digital Enforcement’ (UIHI, November 2021)
2. CEPEJ, Guidelines for a Better Implementation of the Existing Council of Europe`s Recommendation on Enforcement CEPEJ (2009)11REV2.
3. UIHJ Publication, ‘Global Code of Digital Enforcement’ (UIHI, November 2021)
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CH van Rhee ‘Participatory Enforcement of Judgments and other Enforceable Instruments: Best European Practices’ 2022 6(14) Access to Justice in Eastern Europe 113-121. DOI: https://doi.org/10.33327/ AJEE-18-5.2-n000216
