The third Report for the Collection of national implementing rules is out: Collection of French implementing rules!
Notably, in the French constitutional system, implementation of the relevant European regulations is a prerogative of the executive, and not the legislative branch. The Max Planck Institute Luxembourg EFFORTS Team observes that “the French government seems to have followed two different approaches with regards to the implementation of the targeted regulations. On the one hand, the EPO and the ESCP regulations received a quite extensive implementation, in that they led to the adoption of a complete set of specific provisions in the Code of Civil Procedure. On the other hand, the three regulations that deal more directly with enforcement issues – namely the BI bis, EEO and EAPO regulations – remain for the most part governed by the general rules applicable to the execution of domestic titles. This is probably due to the fact that enforcement procedures are still considered to be a matter largely governed by the law of the Member States rather than by European uniform rules.”
The MPILU EFFORTS Team covered the implementing rules, also giving an overview of the general rules of enforcement of claims under French national law.
For the collection of the implementing rules with the overall assessment of the MPILU EFFORTS Team read the Report on the Collection of French implementing rules here.