On 27.10.2022, a bill to amend and supplement the Civil Procedure Code (CPC) was submitted to the National Assembly for consideration and vote at first reading. It aims at speeding up justice, facilitating access to justice and easing the uneven workload of the courts.
The proposed legislative changes relate to the legal framework of warrant proceedings set out in chapter thirty-seven of the CPC. The Bill introduces the electronic form as a rule in the conduct of order proceedings.
Warrant proceedings are among the most common civil proceedings at district courts. Drawing attention also to the uneven workload of district judges in the country, the importers see in electronification the provision of speed and efficiency in proceedings.
Electronification in court proceedings would be very appropriate, considering its formal nature, the petitioners said. As it is entirely document-based, the use of information technology would facilitate both users and the court. Nowadays, more and more countries of the European Union are electronicising court proceedings as part of the wider processes of digitalization of court proceedings because EU legislation also regulates the need for mutual recognition and enforcement of the acts in these proceedings.
The proposed amendments to the CPC provide for:
- all procedural acts in order proceedings to be carried out in electronic form and all acts of the court in the proceedings, including enforcement orders and writs of execution, to be issued in electronic format;
- applications for the issuance of an enforcement order and their annexes will be submitted electronically via an electronic form available on the single e-Justice portal, with an exception for applicants who are not traders or are not represented by a lawyer;
- addition of Article 408 of the CPC, which regulates the rule for issuing an official copy of a writ of execution issued in electronic format to be issued on paper in one copy only ( this requirement aimed at preventing abuse by issuing more than one writ of execution );
- the possibility of filing an application for the issuance of an execution order with any district court and as an exception is provided for the applications for immediate execution under certain categories of acts in Article 417(3), (6) and (10) of the CCP.
Тhe bill is set to take place on 1 January 2023.
The article above is for information purposes only. It is not a (blinding) legal advice. For a thorough understanding of the subjects covered and prior acting of any issue discussed we kindly recommend Readers consult Ilieva, Voutcheva & Co. Law Firm attorneys at law.