Challenges of Court Orders Enforcement

  • Maksim MATEIKOVICH Tyumen Regional Court, Tyumen State University, Russia

Abstract

Enforcement of court orders remains an acute problem even in developed countries. The study aims to analyze how well court orders are enforced in different countries, including the United States, the European Union, and the Commonwealth of Independent States, to identify its strong and weak sides. Comparative jurisprudence was chosen as the leading research method, and it allowed analyzing the features of various systems of judgments execution. The empirical material was formed by some decisions of the European Court of Human Rights and the reports of the European Commission on the Efficiency of Justice. The article substantiates the possibility of effective coexistence of the state and private systems for the enforcement of court orders. The author names the judge making the wrong choice of the means of restoring the violated law and order as one of the reasons leading to non-enforcement of court orders. The article discusses the minimum qualification level of the bailiff and vocational guidance for students pursuing a degree in law for future work in this field. The central idea of the paper is that implementation of judicial decisions is an element of the efficient justice, without which the rule of law is impossible.

References

[1] Asimow, M. 2015. Five models of administrative adjudication. American Journal of Comparative Law, 63(1): 3-31. https://doi.org/10.5131/AJCL.2015.0001
[2] CEPEJ Report on ‘European judicial systems – Edition 2014 (2012 data): efficiency and quality of justice’. Available at: http://www.coe.int/t/dghl/cooperation/cepej/evaluation/2014/Rapport_2014_en.pdf
[3] Crifo, C. 2014. Enforcement of process requirements: a search for solid grounds. Oxford Journal of Legal Studies, 34(2): 325-352. DOI: 10.1093/ojls/gqt024
[4] De Bondt, W. and Miettinen, S. 2015. Minimum criminal penalties in the European Union: in search of a credible justification. European Law Journal, 21: 722–737. DOI: 10.1111/eulj.12157
[5] European Court of Human Rights. Press release issued by the Registrar Chamber judgment in the case of Pini and Bertani&Manera and Atripaldi v. Romania 22 June 2004. Available at: https://wcd.coe.int/ViewDoc.jsp?p=&id=1016797&Site=COE&direct=true
[6] European judicial systems. Efficiency and quality of justice. CEPEJ Studies No. 23. Edition 2016 (2014 data) Available at: http://www.coe.int/de/web/portal/full-news/-/asset_publisher/VN6cYYbQB4QE/content/council-of-europe-publishes-assessment-report-on-european-judicial-systems-and-launches-new-interactive-database?_101_INSTANCE_VN6cYYbQB4QE_languageId=en_GB
[7] Global Code of Enforcement. 2015. www.uihj.com/en/global-code-of-enforcement_2165010.html
[8] Hess, B. 2005. Comparative analysis of the national reports. In: Enforcement Agency Practice in Europe - JAI/02/FPC/19/UK: 25-46. British Institute of International and Comparative Law.
[9] Jordão, E. and Rose-Ackerman, S. 2014. Judicial review of executive policymaking in advanced democracies: beyond rights review. Administrative Law Review 66(1): 1-72.
[10] Medvedev, V. 2013. Comparative analysis of the enforcement of Russia and the United States system. Practice of Enforcement Proceedings, 4: 35-48.
[11] Perlingeiro, R. 2012. Justiḉa administrative brasileiracomparada. Revista CEJ, 57: 6-18.
[12] Uzelac, A. 2002. The role played by the profession of bailiffs in the proper and efficient functioning of the judicial system: an overview with special consideration of the issues faced by countries in transition. Lecture delivered at the Council of Europe seminar: The Role, Organization, Status and Training of Bailiffs – Strengthening the Enforcement of Court Decisions in Civil and Commercial Cases, Varna, Bulgaria, 19 and 20 September 2002. Available at: http://www.alanuzelac.from.hr/Pdf/Radovi/bailiffs-varna-fin.pdf
[13] Voigt, S. 2016. Determinants of judicial efficiency: a survey. The European Journal of Law and Economics, 42(2): 183-208. DOI: 10.1007/s10657-016-9531-6
[14] Yarkov, V.V. 2011. Executory proceeding in the states - members of the international union of court marshals (certain tendencies). ArbitrazhandCivilProcedure, 7: 25-29; 8: 32-37.
Published
2017-10-28
How to Cite
MATEIKOVICH, Maksim. Challenges of Court Orders Enforcement. Journal of Advanced Research in Law and Economics, [S.l.], v. 8, n. 3, p. 899-905, oct. 2017. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/1466>. Date accessed: 18 apr. 2024.