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Round table: Balkan Enforcement Order – Pros and Cons

Round table: Balkan Enforcement Order – Pros and Cons

Round table: Balkan Enforcement Order – Pros and Cons

On July 6, 2018, in the conference hall of Serbia Palace in Belgrade, hosted by the Serbian Chamber of Judicial Officers, Balkan Enforcement Initiative members took part on a round table dedicated to the topic of introducing a unique regional instrument on cross-border enforcement: the Balkan Enforcement Order.

Beside Balkan Enforcement Initiative member chambers’ representatives, the participants to the Round table included Serbian Ministry of Justice, Serbian Ministry of Trade, Tourism and Telecommunications, the Supreme Court of Cassation of the Republic of Serbia, the Commercial Court of Appeal of the Republic of Serbia, Serbian Chamber of Commerce, Serbian Bar Association, National Alliance for Local Economic Development, Association of Serbian Banks, USAID, GIZ, and the Foreign Investors Council.

In the opening of the Round table, representatives of the Balkan Enforcement Initiative members, Mrs. Aleksandra Trešnjev (Serbia), Mr. Tedi Malaveci (Albania), Mr. Zoran Dimov (Macedonia), and Mr. Vidak Latković (Montenegro) introduced the topic by elaborating the profession’s joint affirmative view on creating a single regional legal instrument on cross-border enforcement.

During the discussion, various ideas and remarks were suggested, like Justice Nikolić’s (the Commercial Court of Appeal) recommendation that such an instrument in commercial matters might be limited to a certain nominal value, or the one coming from Mr. Predrag Ćatić (Association of Serbian Banks), seconded by Serbian Chamber of Commerce, that businesses would highly benefit from up to date information on how to collect book debts in the region at the moment.

USIAD and GIZ representatives expressed their compliments to the regional chambers, of which the oldest one was established in 2006, while some of them being more recent, in that they have been able to develop to an extent which is sufficient for conducting joint activities. It was also stressed that the Initiative member's cooperation is based on experiences coming from the region itself, which are far more valuable to their profession, than those coming from jurisdictions in which self-employed judicial officers are present over several decades, or even centuries.

In conclusion, the participants to the Round table came to a unanimous understanding that cross-border enforcement in the region needs improvement, and that the idea of a Balkan Enforcement Order, based on extensive EU experience with Brussels I (recast), is a solid basis for introducing a similar international legal instrument in the region, in order to advance the EU concept of Four Freedoms within the Western Balkan jurisdictions.

The Round table was moderated by Damir Šite, general secretary of the Balkan Enforcement Initiative.

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