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Judicial cooperation on civil and crimunal matters
As people travel freely within the EU, it is important that they do not lose access to, or manage to escape from, the justice system. For this reason, special attention is being given to close cooperation between national judicial systems and to ensuring that legal decisions taken in one member state are recognised, and implemented in another. These principles are especially important in civil proceedings concerning divorce, child custody, maintenance claims or even bankruptcy and unpaid bills, when the individuals involved live in different countries.
National authorities are being given a new weapon in the fight against crime with the adoption European arrest warrant. This replaces lengthy extradition procedures and will ensure that suspected or convicted criminals who have fled abroad to escape the law can be swiftly returned to the country where they were, or will be, tried.
Some progress has been register in the field of judicial and cooperation in criminal and civil matters in Bulgaria. The amendments to the Penal Code, adopted in May 2003, will enable Bulgaria to accede to the Convention on Simplifying Extradition Procedures between the Member States of the EU. In June 2003 Bulgaria deposited the instruments of ratification on the European Convention on the Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children with the Secretary General of the Council of Europe. The Convention entered into force for Bulgaria in October 2003. In May 2003 Bulgaria deposited the ratification instrument on the The Hague Convention on the Civil Aspects of International Child Abduction and Convention entered into force in April 2003. The National Assembly adopted amendments to the Family Code related to the ratification of the two Conventions in July 2003. Amendments to the Civil Procedure Code were adopted in September 2003. The amended Penal Code of October 2002 contains provisions further aligning the Convention on the Protection of the European Communities’ Financial Interests.
Bulgaria has ratified four important international conventions in criminal matters:
- European Convention on the Transfer of Proceedings in Criminal Cases;
- Convention between the Member States of the European Communities on the Enforcement of Foreign Criminal Sentences;
- Convention on Simplified Extradition Procedures between Member States of the European Union;
- Council of Europe Convention on the International Validity of Criminal Judgments.
As regards cooperation at EU level, contact points for cooperation with the European Judicial Network (EJN) have been appointed and Bulgaria is keeping regular contacts with the EJN, which is providing support to Bulgaria in building effective judicial cooperation.
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