Chapter 11: Judicial experience and reality of court-to-court cooperation in the EU
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The EU has made efforts over the last several decades to encourage the development of a European judicial culture, by encouraging interaction between the judges of different jurisdictions through conferencing, training, and other related activities. These efforts aid in further integration insofar as they encourage a convergence of ideas on central legal principles. However, it was observed during the JCOERE Project that judicial experience with cooperation in commercial law settings and insolvency specifically is quite low; training in cooperation appears to be quite limited; and awareness of support and materials remains minimal. There is work to be done to further enhance cooperation between courts. There are two key characteristics to encourage and aid in cooperation. The first is determining those aspects of a jurisdiction that may inhibit such cooperation, whether these are cultural, procedural, or conceptual issues. The second is identifying the resources that are available to aid cooperation and which may overcome some of these obstacles. In bringing these two aspects together, this Chapter explores the general efforts of the EU to enhance cooperation and integration within Member State judiciaries. It also examines the experience of cooperation and the awareness of a particular phenomenon, namely internationally developed best practice guidelines and agreements that have been devised over the years with the aim of supporting and encouraging cooperation. Furthermore, reflecting the unique research carried out by the JCOERE Project and a Judicial Survey disseminated among three focus groups of judges, this Chapter also explores the views of judges towards cooperation and communication of this nature.

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