Enforcement agents’ practice and its future in the single European Area

For the first time in their short exesitence as an independent  bailiff the Lituanian National Chamber of Bailiffs organised a major international conference (21-22 October 2004). The setting was Vilnius. Theme of the conference was “ enforcement agents' practice and its future in the single European area” .  The UIHJ was represented y its vice president, mr. Roger Dujardin, its secretary, Mr. Bernard Menut and Jos Uitdehaag, member of the Committee. Among the participants there were colleagues from Spain, Hungary, Latvia, Greece, France, Belgium and the Netherlands.

The complaints we have nowadays come from the creditors not from the debtors
 
In her opening speech, Ms Aušra Lepeskaité , enforcement agent of Lithuania, talked about the recent reform of the enforcement sytem in Lithuania. Areform from a civil servant based system towards the independent professional based system. “ The complaints we have now are only from the creditors, not from the debtors”, she explained. It seems that we are working too hard sometimes and our clients can not always keep up the pace. There is a significant difference in comparison with a few years ago when we had the civil servant based system. Debtors nowadays are much more willing to pay their debts.
 
The European enforcement agent and the triptych
 
The European Union is strongly focusing on the European judicial area. There seems to be a very important role for enforcement within these developments. Special attention is given within the European Union to develop EU legislation on enforcement and the service of documents.
Although there are significant differences within the national systems it is clear that there is a trend towards the free profession. From the 10 new EU members only two countries have a civil servant based enforcement system (Malta and Cyprus). The reform in Lithuania underlined the success of such a trend. The independent profession seems to be the best system available. It is much more efficient and it is cost saving for the State.
 
Another trend is the development of the activities of that free professional: the triptych notification - recovery - execution. At this moment discussions have arised about the (future) activities of the enforcement agent in Europe. The Netherlands already have a good reputation in debt recovery and at this moment Mmd. Laura Gumuliauskiene (senior expert of the Department of International Law, Ministry of Justice of Lithuania), Ms Aušra Lepeskaité (enforcement agent in Lithuania),  Vytenis Stungurys (enforcement agent of Lithuania, Member of the Presidium of the Chamber of enforcement agents of Lithuania), Bernard Menut, Jos Uitdehaag and Roger Dujardin discussed these activities and the possibilities and consequences for our profession.
 
A balance between authority and control
 
Especially in a free profession based system it is necessary to find a balance between the authority that has been given to the private enforcement agent on the one hand and on the other hand the control over the way that power is used. The enforcement agent has to fulfill his duties in accordance with law and the principles of professional ethics.
 
The enforcement agent has an independent position in the legal system. Consequently it is inappropriate for the Government to lay down one-sided standards of conduct for the practicing of the profession. At the same time introducing competition means it is important that activities of the enforcement agents are regulated. The legislation on the enforcement agents should therefore provide a stringent supervision. Enforcement agents have to be governed by legislation, professional codes, statutory disciplinary rules and codes of conduct. Such a supervision should relate to the triptych of activities: notification - recovery - execution.