Concept and legal framework of the European Judicial Network
Das European Judicial Network (EJN, English: European Judicial Network) represents a central institution of the European Union in the field of judicial cooperation in civil and commercial matters. It is used for the exchange of information, coordination, and cooperation between the competent national authorities. The structure and design of the network are based on the legal foundations of the European Union and are an integral part of promoting the free movement of goods, services, persons, and capital within the internal market.
Origin and legal basis
The EJN was established in 2001 by Council Decision 2001/470/EC of 28 May 2001 on the establishment of a European Judicial Network in civil and commercial matters. It complements the network for criminal matters (EJN criminal matters), which has existed since 1998, and aims to facilitate the practical enforcement of the European legal framework across national borders.
With Regulation (EU) No. 2019/114 of the European Parliament and of the Council of 20 June 2019, cooperation and efficiency of the network were further strengthened.
Structure and organization of the European Judicial Network
Members of the Network
The EJN consists of a network of national contact points, which are designated by the Member States of the European Union. The contact points include representatives of ministries of justice, other authorities responsible for international legal assistance, as well as courts and other public authorities from all EU Member States (except Denmark, which only participates in civil law to a limited extent).
Organization and working methods
The contact points remain in constant communication with each other and with the European Commission. They communicate via a secure, web-based communication system that ensures the rapid transmission of information in cross-border legal matters.
The EJN meets at least once a year in plenary sessions, during which experiences are exchanged, best practices are developed, and legal innovations are discussed.
Roles and functions of the European Judicial Network
Promotion of judicial cooperation
The central goal of the EJN is to improve and simplify cooperation in civil and commercial matters within the European Union. In particular, it supports and facilitates:
- Exchange of information on national legislation and procedural law
- The conduct of cross-border proceedings, such as the recognition and enforcement of foreign decisions
- The implementation of Union regulations and directives, for example in the area of the service of documents, the European order for payment procedure, or the taking of evidence
Support for courts and authorities
The contact points advise national courts and authorities regarding the application of EU instruments and national law with cross-border relevance. For example, they mediate between contacts with foreign authorities and contribute to solving practical problems in the interpretation and application of Union law provisions.
Access to legal information
Via the EJN, a central internet platform is provided (EJN website), which makes available comprehensive information in all EU languages, including legal texts, case law, national court organizations, as well as forms and guides for practitioners.
Awareness raising and training
The EJN contributes to raising awareness about the mechanisms of European civil and commercial law by publishing guidelines, manuals, and organizing training sessions. This facilitates increased efficiency in cross-border legal transactions.
Legal significance and areas of application
Areas of application of the EJN
The EJN operates in all areas in which Union law instruments for judicial cooperation in civil and commercial law apply. Key areas of application include:
- Recognition and enforcement of judicial decisions (e.g., Brussels Ia Regulation)
- European procedure for small claims and European order for payment procedure
- Service of judicial and extrajudicial documents
- Obtaining evidence in another Member State
- International child abduction under the Hague Convention
- Cross-border mediation and alternative dispute resolution
Legal status and foundations
The EJN is not an independent body or institution of the European Union, but a cooperation network on a voluntary basis in accordance with Union law. It is not subject to any right of instruction, but is based on cooperation and support of national authorities.
The most important legal bases are:
- Decision 2001/470/EC
- Regulation (EU) No. 2019/114
- EU Treaties and relevant secondary legislation (especially Brussels Ia Regulation, EuVTVO, EuBewVO)
Relationship with other institutions
The EJN works closely with other European cooperation mechanisms, such as the European e-Justice Portal, Eurojust, and the European Judicial Network for criminal matters. It is part of the efforts to ensure uniform law enforcement and efficient cooperation within the European legal area.
Practical significance and current developments
Digitalization and modernization
The EJN actively promotes the digitalization of judicial processes. The EJN website is continuously expanded to ensure comprehensive access to current information, forms, and digital communication channels. This was further accelerated in the wake of the COVID-19 pandemic.
Challenges and reform initiatives
Despite many advances, there is still a need for action, especially with regard to harmonizing practical implementation and overcoming linguistic and procedural differences. The EU Commission has launched various initiatives to strengthen and further develop the EJN.
Significance for citizens
The EJN is of significant indirect importance for private individuals and companies involved in cross-border legal transactions by ensuring quick and effective access to justice and compliance with the rule of law in civil matters.
Bibliography
- Regulation (EU) No. 2019/114
- Council Decision 2001/470/EC
- European Judicial Network, website of the European Commission
- Brussels Ia Regulation (Regulation (EU) No. 1215/2012)
- EJN guidelines and practical guides
Note: This publication is intended to provide general information about the European Judicial Network and does not claim to be complete or provide exhaustive legal advice.
Frequently asked questions
What tasks does the European Judicial Network perform in the field of international legal assistance?
The European Judicial Network (EJN) plays a central role in coordinating and promoting international judicial cooperation in civil and commercial matters within the EU. In the field of international legal assistance, the EJN acts as an intermediary between the courts and other competent authorities in the Member States. It supports the transmission and processing of requests for legal assistance, provides assistance in clarifying competent courts, and provides information on relevant EU regulations and national procedural provisions. Furthermore, the EJN provides practical information and model forms for authorities to facilitate cross-border cooperation and to increase efficiency in the processing of requests, for example for the service of judicial documents or for taking evidence.
How does the EJN promote information and awareness about European legal acts?
The EJN makes a significant contribution to disseminating information on EU legal acts in the field of civil and commercial law. To this end, it primarily operates the European Justice Portal, which offers extensive legal information, explanations on the application of European regulations, as well as access to legal sources and national legislation. Experts and authorities from the Member States regularly receive training and updates through EJN conferences, seminars, and workshops. The aim is to deepen knowledge about the practical application of new or amended EU legal acts. The network also regularly distributes information sheets and handouts to ensure awareness of relevant topics at all levels of the judiciary.
What role does the EJN play in resolving practical problems between Member States?
In cross-border cooperation, practical or legal obstacles frequently arise, for example regarding jurisdiction, communication, or the practical implementation of European instruments. In such cases, the EJN acts as a point of contact to provide mediation and solution mechanisms. It offers a direct communication channel between the contact points in the respective Member States, enabling swift and pragmatic solutions to be sought for specific problems. In addition, the EJN enables the regular collection, analysis, and communication of specific difficulties to the European Commission, contributing to the ongoing improvement of the legal framework.
How does the EJN support the training of judicial staff?
The European Judicial Network is committed to the further training and education of members of the judiciary by enabling national contact points to participate in workshops, exchanges of experience, and cross-border meetings. It works together with other European-wide institutions, such as the European Judicial Training Network (EJTN), to develop training modules specifically tailored to European civil law instruments and their practical handling. This also includes e-learning offerings and theme-specific guides for judges, prosecutors, and court staff, which are made accessible in several official languages.
How does the EJN ensure confidentiality and data protection in cross-border cases?
The EJN is subject to strict data protection regulations in accordance with the General Data Protection Regulation (GDPR) and specific statutory rules at the European level. When transmitting personal data in the course of processing cases, the EJN uses secure communication channels between the national contact points. It informs the parties involved about the purposes of data processing, adopts technical measures for the protection of data, and ensures that data is only used within the scope of the legal authorities. Furthermore, the network supports judicial personnel in the correct application of the relevant data protection regulations and ensures awareness-raising measures for compliance with the applicable legal provisions.
What is the significance of the national contact points within the EJN?
The national contact points are the backbone of the EJN and act as central contacts for judges, prosecutors, and other judicial authorities in the respective Member State. They bundle and coordinate inquiries, assist in solving practical problems, relay information on national procedural particularities, and are responsible for the organization and implementation of national EJN activities. The contact points maintain the exchange with other Member States, update and disseminate practice-relevant information in their own country, and ensure efficient implementation as well as effective enforcement of European legal acts.
