Implementation of the new Code of Civil Procedure in Lithuania

 

A vast program of reforms

The Dutch Ministry of Foreign Affairs also finances legal projects abroad. One of these projects is the implementation of the new Lithuanian Code of Civil Procedure.
The implementation is organized by the Center for International Legal Cooperation (CILC) together with the Lithuanian Ministry of Justice and the Lithuanian Association of Judges. Besides the Lithuanian national organization two other colleagues are involved in this project: John Wisseborn and Jos Uitdehaag, both members of the board of the Dutch national organization. Jos Uitdehaag, member of the board of trustees of CILC, is also a member of the Committee of UIHJ, and through him the UIHJ is also involved in this project as a co-organizer on the application of execution regulations in the new Lithuanian Code of Civil Procedure. Dutch prof. Ton Jongbloed, as a professor at law on enforcement procedures was involved too.
Early 90's, after Lithuania became independent, a start was made with the restructure and reform of the Lithuanian economy and Government organizations. The reform mainly focused on requirements of European organizations such as the Council of Europe and European Union. A reform was also started in the field of legal organization. For example part of the Lithuanian legislation was revised and/or rewritten.
Revision and rewriting was also the case with the Code of Civil Procedure. The new Code came into force on January 1st 2003. It is based on the European continental model. Main purpose was to improve the consistency and effectiveness of civil procedure. Drafting the Code a lot of attention was given to European legislation. A transition period of 4 years was planned.

Assistance of UIHJ

The UIHJ has been asked for assistance during this transition period. Together with CILC, the Dutch and Lithuanian Ministry of Justice and the Lithuanian organization on judges the project was set up. The project involves the writing of comments on the new Code, the drafting of sub-laws and the implementation of the Code. Theory, international and European aspects of civil procedure law and enforcement law are given special attention.
The Lithuanian Code has been translated into English. Several study visits have been made and in the light of a “ train the trainer” approach in 2004 and 2005 several seminars have been organised in both the Netherlands and Lithuania. This will continue in 2006. At the end of the project a manual will be published.
Regarding enforcement the project focused on items such as the relationship between enforcement and civil procedure, non monetary court decisions, EU trends in enforcement and control mechanisms in enforcement.