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Books > Law > Jurisprudence & general issues > Comparative law
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Civil Enforcement in a Comparative Perspective - A Public Management Challenge (Paperback)
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Civil Enforcement in a Comparative Perspective - A Public Management Challenge (Paperback)
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There is an abundance of literature on the regulation of lawyers,
civil procedure, the judiciary and the administration of the civil
courts in Europe. Surprisingly, however, and in contrast to the
situation in criminal cases, academic interest in the civil process
appears to dwindle after final judgment. Civil enforcement agents
(bailiffs) are part of the machinery of justice and exercise state
authority, yet their role and regulation have been subjected to
little academic scrutiny. This is all the more astonishing given
that they exercise state authority and, in most jurisdictions, have
extensive access to information about debtors, as well as
significant coercive powers. A wide range of different institutions
have been given responsibility for civil enforcement: courts,
officers under the supervision of the courts but external to them,
administrative agencies, independent professionals and even
freelance certificated agents. Moreover, the range of functions
that these institutions undertake often extends beyond the
enforcement of judgments and other enforcement titles: in some
states they can issue payment orders, or act as administrators in
bankruptcy; they may also play a significant role in the amicable
recovery of debts, or be involved in debt restructuring procedures;
they may be limited to the enforcement of civil judgments and
authentic instruments, or also collect taxes and other public law
debts. In the latter case, mass processing requirements shape the
character of the enforcement institution.This book seeks to expose
to view this fertile research territory. In doing so, it sets out
two objectives. First, to highlight and explain the diversity of
bailiff organisations in Europe. Second, to ask how far governments
are taking responsibility for the public management of enforcement
activities in the light of their impact on citizens and the
increased significance attributed to personal autonomy and
financial capability in the neoliberal era. In this latter context,
attention is paid to the influence of public management trends over
the last thirty years and to questions of digital government and
data protection.The book is addressed to academics and policy
makers interested in domestic and cross-border enforcement of
judgments and orders, the regulation of the legal profession,
comparative law and comparative public management particularly in
the context of the administration of justice. It also contains
information of relevance to scholars of institutional theory,
competition law, transnational public policy transfer and social
policy in the area of debt and poverty. Countries discussed include
Sweden, Belgium, France, the Netherlands, Poland, Spain and
Germany.
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