Does EU Law Ensure an Adequate Protection of Debtors in Cross-Border Enforcement?

Resumen

From a general perspective, cross-border enforcement of judicial decisions -. and of authentic instruments - entails the need to coordinate different procedural systems, interacting with each other. From a practical point of view, however, cross-border enforcement is also a context of dialectic between opposing parties, typical of any judicial process. Its regulation, therefore, must be developed and interpreted taking into account the rights ,and powers attributed to the creditor and to the debtor, so that the promotion of efficiency - favourable to the creditor - is not detrimental to the debtor's right of defense. This article assesses the extent to which the civil procedural law of the European Union adequately protects the debtor in cross-border enforcement and, where appropriate, what could be the most reasonable measures to improve it without unduly harming the right of the creditor to a prompt satisfaction of his right. Special attention shall be given in this framework to the legal position of consumers, due to their vulnerability and their special legal status according to EU protective law.