Enforcement of a Claim with the Support of the New Information Technology in the European Union, Romanian Case Study

Abstract

The fast development and variety of civil and commercial relations within the EU generates an urgent need for efficient harmonization. In order to have a functional internal market the EU needs an adequate civil procedure and an efficient enforcement of claims. The development of new information technology has a substantial effect on the enforcement of claims. The recent developments in this field had a significant impact on the Romanian law system as well. In 2009 the Romanian Government passed the new Civil Procedure Code. The new code brings important amendments which contribute to the improvement of the debt recovery procedure and the modernization of service rules – with the use of new modern IT tools, such as e-mail or other internet applications. Romania has made substantial progress in implementing the secured IT network and interconnection between institutions. The Romanian Ministry of Justice is aiming to interconnect the IT system within the judiciary with other IT systems within the public service, nationwide and at the European level as well and exploring the possibilities of an e-filing system. The creation of an international enforcement procedure, by which foreign creditors could directly interact online with the courts and enforcing agencies of another State, is very important but challenging in the same time. This future system must be fast and safe; it should preserve and safeguard the rights of the debtor and serve the interests of the creditors in the same time.