THE APPLICATION OF THE GENERAL PRINCIPLES OF CIVIL PROCEDURE IN ENFORCEMENT PROCEEDINGS
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Abstract
This article explores the application of the general principle of civil procedure in enforcement proceedings, and the position of enforcement proceedings in the system of law.
The initial focus of the article is the application of human rights in enforcement proceedings, and in this regard the European Convention on Human Rights has not established concrete rights in enforcement proceedings. Nevertheless, the case law of the European Court of Human Rights suggests that the right to a fair trial is applicable in enforcement proceedings. This application of human rights protection standards in the enforcement proceedings suggests that enforcement should be understood as an integral part of the judicial process, in which the principles of this process must also be applied in order to effectively protect the right to a court (effective enforcement). The mere fact that enforcement is carried out by a bailiff, and not by a court in enforcement proceedings, does not mean that member states have no obligation to ensure the protection of these rights.
The authors then proceed to analyze the practical problems of the application of the general principles of civil procedure, such as the principle of dispositivity, procedural concentration, efficiency, equality of arms and adversarial process affecting the regulation of execution proceedings in enforcement proceedings. The authors found that these principles are also applicable in enforcement proceedings.
The initial focus of the article is the application of human rights in enforcement proceedings, and in this regard the European Convention on Human Rights has not established concrete rights in enforcement proceedings. Nevertheless, the case law of the European Court of Human Rights suggests that the right to a fair trial is applicable in enforcement proceedings. This application of human rights protection standards in the enforcement proceedings suggests that enforcement should be understood as an integral part of the judicial process, in which the principles of this process must also be applied in order to effectively protect the right to a court (effective enforcement). The mere fact that enforcement is carried out by a bailiff, and not by a court in enforcement proceedings, does not mean that member states have no obligation to ensure the protection of these rights.
The authors then proceed to analyze the practical problems of the application of the general principles of civil procedure, such as the principle of dispositivity, procedural concentration, efficiency, equality of arms and adversarial process affecting the regulation of execution proceedings in enforcement proceedings. The authors found that these principles are also applicable in enforcement proceedings.
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Section
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Please see Copyright and Licence Agreement for further details.
