EFFORTS

 Towards more EFfective enFORcemenT of claimS in civil and commercial matters within the EU

EFFORTS (“Towards more EFfective enFORcemenT of claimS in civil and commercial matters within the EU”, JUST-JCOO-AG-2019-881802) is a two-year project funded by the Civil Justice Programme of the European Commission and conducted by an international Consortium including the MPI Luxembourg and the Universities of Milan (coordinator), Brussels VUB, Heidelberg, Vilnius, and Zagreb.

Within the MPI Luxembourg, the project is carried out by the Department of European and Comparative Procedural Law (“DECPL”) directed by Prof. Dr. Dres. h.c. Burkhard Hess. The EFFORTS project is the most recent in a consolidated line of EU-funded projects in which the MPI Luxembourg has partaken under Professor Hess’s directorship, among which the  IC2BE and EUFams II projects.

Project Description

Launched in 2020, EFFORTS aims at better enforcement of claims through better procedures, case handling and cooperation in cross-border disputes. To pursue these goals, the project focuses on the interaction between European and national law in the field of recognition and enforcement of judgments and extrajudicial titles.

Specifically, EFFORTS addresses the implementation of five European Regulations (Brussels I bis, European Enforcement Order, European Small Claims Procedure, European Payment Order, and the European Account Preservation Order, collectively the “EFFORTS Regulations”) in the national legislation and case-law of seven Member States (Belgium, Croatia, France, Germany, Italy, Lithuania, and Luxembourg). Adopting a comparative and practice-driven approach, the Consortium will collect good practices and contribute to the improvement of the existing European and national legislation in the area of cross-border enforcement of claims within the EU.

Timeline

During the first year of the project (Nov 2020 - Oct 2021), the MPI Luxembourg and the other members of the Consortium were called upon to conduct an in-depth analysis of the domestic legal framework applicable to the EFFORTS Regulations through the drafting of seven Reports on National Implementing Rules, seven Reports on National Case-Law, and the organization of six National Exchange Seminars promoting dialogue and exchange of experiences among experts of European procedural law.

During the project’s second year (Nov 2021 - Oct 2022), the MPI Luxembourg has been tasked with organizing an International Exchange Seminar and preparing a Report on Practices in Comparative and Cross-Border Perspective. Additionally, each member of the Consortium is also responsible for the publication of a National Practice Guide addressing the implementation of the EFFORTS Regulations into domestic procedural law and the formulation of Policy Recommendations for national policymakers.

Finally, the Consortium will promote the development of EU procedural law through the elaboration of European Policy Guidelines addressed to the European Commission (prepared by the MPI Luxembourg), a Report on the Digitalization of the Enforcement Procedures and of Cross-Border Cooperation (prepared by Brussels VUB) and the organization of a Final Conference (hosted by the University of Milan).

Participants and Supporting Entities

EFFORTS involves judges, enforcement agents, European and national policymakers, lawyers, in-house counsellors, consumer associations, and academics. Entities supporting the project include the Italian, Croatian, and Lithuanian Ministries of Justice, the Lithuanian Chambers of Judicial Officers, EuroCollectNet Lawyers – International Debt Recovery Association, the German Federal Bar Association, the Milan Bar Association, the Working group for international commercial law of the German Lawyer Association, Law – Made in Germany initiative of the German Lawyer Association, IBA Litigation Committee, Italian Association for Family Lawyers.

Furthermore, each member of the Consortium is responsible for setting up a national Working Group with the main task of sharing their experiences and providing opinions during the elaboration of the project deliverables.

For a list of the people directly involved in EFFORTS, please visit the page efforts.unimi.it/partners.

Useful Links

For further information about EFFORTS, please visit the project’s official website. To stay updated on the latest EFFORTS activities, subscribe to the EFFORTS Newsletter and follow the project’s official Linkedin and Facebook page. If you wish to contribute to EFFORTS, please consider joining the EFFORTS Network.

Project JUST-JCOO-AG-2019-881802
With financial support from the Civil Justice Programme of the European Union