Whereas the Albanian Chamber of Private Bailiffs, the Chamber of Enforcement Agents of the Republic of Macedonia, the Chamber of Judicial Officers of Montenegro, and the Serbian Chamber of Judicial Officers (hereafter: The Chambers), have recognized their common interest in promoting the profession they share, the need of advocating cross-border enforcement in the Balkan region, and the advancement of furthering vocational standards of the profession of judicial officers
Therefore, the Chambers have unanimously decided to formulate this Memorandum of Cooperation of Balkan Chambers of Judicial Officers (hereafter: Memorandum) and on July 6, 2018 on their joint meeting held in Belgrade, the Chambers unanimously declare as follows:
Pursuant to this Memorandum the Chambers intend to enhance cooperation among their organizations, and to encourage the free movement of goods and service in the Balkan region through establishing best practices in cross-border collection of outstanding balances and claims.
The Objectives set forth by this Memorandum are:
- Strengthening the role of judicial officers in the region;
- Establishing clear standards and criteria for best practices in the profession of judicial officers, including but not limited to issues related to the transparency of enforcement activities and pertinent costs, seeking balance between the needs of the claimant and the rights of the defendant, data protection of the parties, reasonable and foreseeable timelines of the enforcement procedure, etc.;
- Exchange of information regarding laws, regulations, procedures, programs and projects, policies, research results and publications related to enforcement procedures and other competences of judicial officers;
- Joint organization of symposia, workshops, conferences or working groups;
- Advocating the enactment of the Balkan Enforcement Order; and
- All other cooperative activities jointly and unanimously determined by the Chambers as beneficial.
II Balkan Enforcement Conference
The Chambers unanimously dedicate themselves to organising annual Balkan Enforcement Conferences each September/October, appropriated to promulgation of the profession of a judicial officer in the region. The annual Balkan Enforcement Conference is open to all members of the Chambers and interested third parties.
III The Costs
The Costs of implementing this Memorandum are borne by all the Chambers in good faith, respectively to their involvement in a given expense, upon a special unanimous resolution of the Chambers.
IV Balkan Enforcement Initiative
In order to facilitate the cooperation between the Chambers, and the objectives set forth by this Memorandum, the Chambers jointly constitute the Balkan Enforcement Initiative (hereafter: the Initiative).
The Initiative is a joint structure of the Chambers, defined and limited by this Memorandum, and amendments thereof. The Initiative is not a separate entity, and it does not possess the capacity of a legal person.
The Initiative can have its Internet presentation and (an) electronic address(es). The postal address of the Initiative is equivalent to the postal address of the national Chamber to which the General Secretary of the Initiative is a full member.
The members of the Initiative are the Chambers. The Initiative might include additional members upon a unanimous resolution by the Chambers. The membership to the Initiative is limited to official professional associations of judicial officers or other judicial professions holding public authority to perform enforcement. The initiative might encompass other entities as observers.
The working language of the Initiative is English.
The permanent bodies of the Initiative are: the Council and the General Secretary.
The Council of the Balkan Enforcement Initiative is constituted by the statutory representative of each Chamber or its envoy entrusted with a special power of attorney to attend and vote at a Council meeting.
The Council has to power to propose amendments to this Memorandum, and to direct all of the operations of the Initiative.
The Council has a quorum when all Chambers are present at its meeting and it can reach decisions only unanimously. A motion not supported by a unanimous vote of the Council is rendered rejected.
The Council meets at least twice a year, at its regular Spring and Autumn meetings. The Council can be convened more than twice a year upon its special resolution.
The General Secretary is the chief administrative officer of the Initiative and she/he represents the Initiative to third parties.
The General Secretary is nominated by a unanimous vote of the Council for a period of 3 years and is responsible for her/his work to the Council.
The General Secretary cannot be a statutory representative or a member of the Executive Board or a Supervisory Board of any of the Chambers.
The General Secretary administrates the operations of the Initiative, and upon a request from a statutory representative of a Chamber, once a year can inform the members of a national Chamber (on their annual general meeting) about the operations of the Initiative.
For their engagement in the work of the Initiative, Council members and the General Secretary cannot receive any financial reward.
This Memorandum is formed as a perpetual agreement.
All alterations, amendments and rescissions of this Memorandum are valid only if reached by a unanimous vote of the Chambers.
This Memorandum is pending to ratifications by relevant bodies of all national Chambers which should be filed with the General Secretary by December 31st, 2018. The General Secretary informs the Chambers about the date when this Memorandum has come into full force.