Superior Court of Justice in Luxembourg (9.30-12.30)
With the approach of the Presidency of the Council of the European Union (July-December 2015), Luxembourg established a steering committee to analyze the tools and the laws in force in the Member States and at European level in e-Justice.
In this context, the Chamber of Bailiffs of Luxembourg and the European Chamber of Bailiffs decided to organize a conference to present the actions by the bailiffs in dematerialization of civil proceedings.
– The first round table on “the bailiff at the heart of electronic communication” showcased the cross-border service platform (EJS), whereby bailiffs exchange documents and forms securely in accordance with European Regulation 1393/2007 on the service of documents in civil and commercial matters.
The European e-CODEX project, led by the Ministries of Justice of the Member States, will soon enable all citizens and businesses to submit dematerialized applications in terms of European order for payment or small claims.
– In the second round table on “the bailiff at the heart of dematerialization in the Member States », representatives of National Chambers of bailiffs of France, Belgium and Hungary presented successively electronic tools they have developed to facilitate the practice of bailiffs.
Patrick Safar and Gabriele Mecarelli stressed the effectiveness of seizures through the vehicle registration system, the usefulness of the Fichier national des comptes bancaires et assimilés and the development of service by electronic means which is based on the grant of a digital identity to the recipients.
The server of seizures, set up by the Belgian Chamber, which allows online access (for a fee) to the different seizures that were performed on the property of a defendant, caught the attention of the judicial officers in the room.
Finally, The Hungarian bailiffs explained the detailed functioning of their online auctions platform.
In closing the discussion, the President Sannino stressed the importance of establishing legal rules specific to electronic communication in respect of data protection and guaranteeing the certainty of exchanges provided by the bailiff, trusted third party.
He stressed that “the bailiffs are as guarantors professionals of legal certainty of exchanges, through their involvement in the transmission of these dematerialized data and in their processing.”