Civil Enforcement in a Comparative Perspective: A Public Management Challenge

Civil enforcement agents (bailiffs) play a crucial role in the justice system but have received little academic attention. This book explores the diversity of bailiff organizations in Europe and examines how 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. It also discusses the influence of public management trends over the last thirty years and questions of digital government and data protection.

Format: Paperback / softback
Length: 500 pages
Publication date: 19 November 2021
Publisher: Intersentia Ltd

The regulation of lawyers, civil procedure, the judiciary, and the administration of civil courts in Europe is a vast and complex topic that has been extensively studied in the literature. However, it is surprising to note that academic interest in the civil process tends to diminish after final judgment, in contrast to the greater focus on criminal cases. This lack of attention is particularly noteworthy given that civil enforcement agents, such as bailiffs, play a crucial role in the machinery of justice and exercise state authority. Despite their significant role and access to sensitive information, bailiffs have received relatively little academic scrutiny.

One reason for this oversight is the perception that civil enforcement is a routine and technical process, rather than a subject that merits scholarly investigation. However, this perception is misleading, as civil enforcement involves the exercise of state authority and significant coercive powers. Bailiffs have extensive access to information about debtors and can impose various measures to enforce judgments and other enforcement titles. They can issue payment orders, act as administrators in bankruptcy, play a role in the amicable recovery of debts, and even collect taxes and other public law debts.

The range of institutions responsible for civil enforcement in Europe is diverse, including courts, officers under the supervision of the courts but external to them, administrative agencies, independent professionals, and even freelance certificated agents. These institutions undertake a wide range of functions, often extending beyond the enforcement of judgments and other enforcement titles. In some states, they can even issue payment orders or act as administrators in bankruptcy.

The functions of these institutions are shaped by mass processing requirements, which can vary significantly across different jurisdictions. In some cases, the enforcement institution may be limited to the enforcement of civil judgments and authentic instruments, while in others, it may have broader responsibilities. For example, in some countries, bailiffs may be responsible for the collection of taxes and other public law debts.

This book seeks to expose this fertile research territory and address two objectives. First, it aims to highlight and explain the diversity of bailiff organizations in Europe. Second, it seeks to assess how far governments are taking responsibility for the public management of civil enforcement.

The regulation of lawyers, civil procedure, the judiciary, and the administration of civil courts in Europe is a complex and multifaceted issue that requires careful consideration. The role of civil enforcement agents, such as bailiffs, is critical in ensuring the effective implementation of judgments and other enforcement titles. However, their activities have received relatively little academic scrutiny, despite their significant impact on individuals and society. This book aims to shed light on this research territory and explore the diversity of bailiff organizations in Europe, as well as the extent to which governments are taking responsibility for the public management of civil enforcement.

The regulation of lawyers, civil procedure, the judiciary, and the administration of civil courts in Europe is a vast and complex topic that has been extensively studied in the literature. However, it is surprising to note that academic interest in the civil process tends to diminish after final judgment, in contrast to the greater focus on criminal cases. This lack of attention is particularly noteworthy given that civil enforcement agents, such as bailiffs, play a crucial role in the machinery of justice and exercise state authority
authority. Despite their significant role and access to sensitive information, bailiffs have received relatively little academic scrutiny.

One reason for this oversight is the perception that civil enforcement is a routine and technical process, rather than a subject that merits scholarly investigation. However, this perception is misleading, as civil enforcement involves the exercise of state authority
authority and significant coercive powers. Bailiffs have extensive access to information about debtors and can impose various measures to enforce judgments and other enforcement titles. They can issue payment orders, act as administrators in bankruptcy, play a role in the amicable recovery of debts, and even collect taxes and other public law debts.

The range of institutions responsible for civil enforcement in Europe is diverse, including courts, officers under the supervision of the courts but external to them, administrative agencies, independent professionals, and even freelance certificated agents. These institutions undertake a wide range of functions, often extending beyond the enforcement of judgments and other enforcement titles. In some states, they can even issue payment orders or act as administrators in bankruptcy.

The functions of these institutions are shaped by mass processing requirements, which can vary significantly across different jurisdictions. In some cases, the enforcement institution may be limited to the enforcement of civil judgments.

Weight: 1190g
Dimension: 171 x 244 x 57 (mm)
ISBN-13: 9781780688183