La tutela transnazionale del credito nell’ordinamento dell’Unione europea tra attuale ineffettivita’ e nuovi orizzonti applicativi

Abstract

The work is willing to analyze the European regulations of the European institutions regarding transnational credit protection, which specifically concern cross-border enforcement of judicial and extra-judicial decisions. The analysys starts from the legal basis that supports those regulations, the article 81 of TFEU, which is dedicated to judicial cooperation in civil matters with transnational implications; about that matter, the work conducts an historic and legal discussion of the acts that preempt the actual setup of judicial cooperation in civil matters, from the Bruxelles Convention of 1968 to the Treaty of Lisbon. Afterwards, the focus will move to the anlysis of the regulation 805/2004 on european enforcement order for uncontested claims; the regulation 1896/2006 creating a European order for payement procedure; the regulation 861/2007 estabilishing a European procedure for small claims; the regulation 655/2014 estabilishing a European account preservation order procedure to facility cross-border debt recovery in civil and commercial matters. The paper seeks to highlight similarities and differences between the regulations, together with the italian national legislation; the aim of the work is to demonstrate how, nonetheless the effort that European istitutions made to develop uniformed procedures in cross-border debt recovery, the regulations didn’t have the consideration the insitutions hoped for. For these reasons, the work issues some de jure condendo solutions in order to increase the application of these regulations and to raise awareness about their content among judges and legal professionals within the EU.