Grenzüberschreitende Vollstreckung in Europa

Ivo Bach traces the continuous development of enforcement within Europe by describing and comparing the various national rules on cross-border enforcement in Germany, England, France and Poland (which still apply in relation to non-European countries) as well as the bilateral agreement and the Brussels I Convention, the new Brussels I Regulation and the European Enforcement Order Regulation. Based on the results of his study, he assesses the new European Enforcement Order Regulation from the perspective of the law and of legal policy. The author focuses on the omission of an ordre public control in the state in which the enforcement is carried out as well as on the question of a sufficient guarantee of due process of law in the opening of proceedings. In view of the flaws in the system which he has found, he makes suggestions for reforms in European law of civil proceedings.