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Republic of Croatia
Ministry of Justice
Programme: IPA 2010
Partner country: Croatia
Area of Cooperation: Justice, Freedom and Security
TWINNING PROJECT FICHE
Improvement of the Enforcement system in the Republic of Croatia
Project budget: 1.600.000,00 EUR
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STANDARD TWINNING PROJECT FICHE
1. Basic Information
1.1 Publication reference: EuropeAid/ 134-861/M/ACT/HR
1.2 Programme: IPA 2010
1.3 Twinning Number: HR 10 IB JH 04
1.4 Title: Improvement of the Enforcement system in the Republic of Croatia
1.5 Sector: Justice, Freedom and Security
1.6 Beneficiary country: Croatia
2. Objectives
2.1 Overall Objective:
Efficient and effective enforcement system in the Republic of Croatia developed. 2.2 Project purpose:
Enforcement system improved in order to further contribute to the reduction of the court backlog.
2.3 Contribution to Accession Partnership/ Stabilisation and Association Agreement/ Program of the
Government of the Republic of Croatia for the Adoption and Implementation of the Acquis
Communautaire
On 12 February 2008, the Council adopted Croatia Accession Partnership (AP) that updated the first
Accession Partnership adopted in 2006 and identified new as well as remaining priorities for action. The
abovementioned Accession Partnership, under section 3.Priorities-Political criteria-Democracy and the
rule of law-Judicial system, contains key priorities which this project is based on:
- Substantially reduce the case backlog in courts and ensure an acceptable length of judicial proceedings,
- Rationalise the organisation of courts, including the introduction of modern information technology
systems,
- Take measures to ensure proper and full execution of court rulings.
Stabilization and Association Agreement (SAA) concluded between the Government of the Republic of
Croatia and the European Communities stipulates that the signatory parties should co-operate in the
promotion of the rule of law and that special attention should be given to independence of judiciary,
improvement of its efficiency and education of judiciary personnel.
The SAA entered into force in February 2005 and first Stabilization and Association Committee meeting
was held on 14 July 2005 covering, among other areas, progress made in the field of Judiciary.
Article 75 Reinforcement of Institutions and Rule of Law of the SAA stipulates: “In their cooperation in
justice and home affairs the Parties will attach particular importance to the consolidation of the rule of law
and the reinforcement of institutions at all levels in the areas of administration in general, and law
enforcement and the machinery of justice in particular. Cooperation in the field of justice will focus in
particular on the independence of the judiciary, the improvement of its effectiveness and the training of the
legal professions.”
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In relation to this project, Program of the Government of the Republic of Croatia for the Adoption and
Implementation of the Acquis Communautaire for 2013 does not contain any new information relevant
for the enforcement system in the Republic of Croatia. However, in the governmental Annual plan of
normative activities for 2013, under no. 29 a creation of a new act under the field of enforcement is
envisaged, “Act on conducting enforcement over movables and immovables”. It is expected that this Act
will be sent to governmental procedure in 3Q 2013.
The Strategy of the Development of the Judiciary in the Republic of Croatia for the period 2013-2018,
stating the strategic goals in achieving efficient judiciary, under section 2. Efficiency-2.3.Guidelines
“Monitoring of the effects of the enforcement system reform”, stipulates the following: “An insufficiently
efficient system of enforcement of valid court decisions is one of the reasons of inefficiency of judiciary.
The guideline implies comprehensive analysis of the present enforcement system and establishment of
efficient enforcement system”.
Monitoring report on Croatia’s accession preparations dated 26 March 2013, under section 2.2
Judiciary and fundamental rights, indicates the following: “During 2012, the courts overall managed to
solve more cases than the influx. The backlog of civil, commercial and enforcement cases continues to be
above the EU average. In its efforts to improve the efficiency of the judicial system in a sustainable manner,
the Ministry of Justice has successfully created an advanced tool for statistical analysis of the performance
of the judicial system, which is expected to enable it to allocate human and financial resources to resolve the
incoming workload and the backlog. The new statistical system can become operational nationwide as soon
as all courts are equipped with the Integrated Case Management System (ICMS).”
Under Priority action: Adopt the new enforcement legislation, in order to ensure the execution of court
decisions and reduce the backlog of enforcement cases, the following is stated: “Croatia has completed this
priority action. The new Enforcement Act and amendments to the Act on the Implementation of the
enforcement of monetary funds entered into force on 15 October 2012. The new system concentrates
enforcement in municipal courts and thus unburdens commercial courts. Municipal courts are responsible
only for non-monetary enforcement, while monetary titles are enforced directly and exclusively by the
Financial Agency (FINA). A decrease in the number of enforcement cases to be handled by the courts and
an improvement of the clearance rate is already noticeable. The Ministry of Justice upgraded the ICMS in
order to register and calculate the recovery rate, as a key indicator for the effectiveness of the enforcement
system. It has also started working on further reform measures to increase the transparency and efficiency of
enforcement on immovable property.”
In the Accession Treaty (signed on 9 December 2011), it is emphasized in Title IV, Other provisions,
Article 36 that “The Commission's monitoring shall focus in particular on commitments undertaken by
Croatia in the area of the judiciary and fundamental rights (Annex VII), including the continued
development of track records on judicial reform and efficiency...” As defined within ANNEX VII, specific
commitments undertaken by the Republic of Croatia in the accession negotiations refer inter alia: 1. To
continue to ensure effective implementation of its Judicial Reform Strategy and Action Plan. 2. To continue
to strengthen the independence, accountability, impartiality and professionalism of the judiciary. 3. To
continue to improve the efficiency of the judiciary.
As enforcement cases are taking a considerable part in overall case backlog in Republic of Croatia, further
efforts are evident to be necessary in order to reduce the number of case backlog in this specific field.
Having in mind the remaining case backlog before courts on one side, and the proven efficiency of
Financial Agency (hereafter referred as: FINA) in running the enforcement of monetary claims on the other,
this project is therefore focused in supporting two directions of enabling the enforcement of claims: 1)
giving additional support to courts and public notaries (who retain their role in the field of enforcement
given to them by the law) and 2) further development of the latest solution concerning FINA, which has
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showed, during the relevant period of time, to be working sufficiently good.
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3. Description
3.1 Background and justification:
Main goals of enforcement legislation are speed, efficiency and effectiveness of the enforcement system.
Achievement of these goals is enabled through establishment of quality legislation framework, especially
the Enforcement Act. Through this Act, the procedure of involuntary collection and securing of creditor’s
claims is regulated, as well as the procedure of voluntary judicial and public notary’s security of claims.
Enforcement Act also regulates the substantive law relationships arising from enforcement procedures and
security procedures.
Since 1996, when it was adopted, Enforcement Act has gone through several changes, of which the most
significant is the one from 2005, presenting a number of novelties and new institutes, in addition to the
introduction of the new procedural body - public notaries. Moreover, very important was the novelty from
2008, which enabled direct implementation of Regulation (EC) No. 805/2004 of the European Parliament
and of the Council of 21 April 2004 regulating a European Enforcement Order for uncontested claims, into
the Croatian legal system on the day of accession of the Republic of Croatia to full membership of the
European Union. Likewise, implementation of Directive (EC) No. 2000/35 of the European Parliament and
of the Council of 29 June 2000 regulating fights against late payments in business transactions was ensured.
The necessity for further improvements of the enforcement system resulted in adoption of new Enforcement
Act on 21 September 2012 (“Official Gazette”, 112/2012).
The new Enforcement Act, in addition to already existing enforcement before the court, is focused on
further strengthening of the extrajudicial enforcement by introducing an option of direct collection of claims
over debtor monetary assets through FINA, based on enforcement titles stipulated by law (enforcement
titles, settlements concluded before a court and an administrative body, where it imposes a certain
obligation or fulfilment of a pecuniary obligation confirmed by certificate of enforceability, apropos the
employer’s calculation regarding non-payment of salary, salary compensation or severance payment).
Likewise, exclusion of the procedural phase of ordering of enforcement for fulfilment of monetary claims
based on enforcement titles contributes to further speeding up of the enforcement procedure before courts
and enhancing its effectiveness.
In accordance to the provisions of the Enforcement Act, amendments to the Act on enforcement over
monetary assets (“Official Gazette”, 91/2010, 112/2012) were enacted, extending the titles for payments, in
relation to the enforcement titles as defined in Enforcement Act, based on which direct collection can be
made through FINA.
Ordering of enforcement on the basis of other enforcement titles (in relation to conducting enforcement of
enforcement titles put into FINA’s jurisdiction, as previously mentioned) as well as the phase of conducting
enforcement based on these enforcement titles is under jurisdiction of Municipal court, unless otherwise
stipulated by law. In this way, within the clearly defined procedural frame, conducting of unified and
concentrated enforcement procedures is ensured, and further specialization of judges and court officials in
enforcement procedures enabled as well.
The backlog of cases remains, with slight oscillations, high during years, especially in the field of
enforcement before courts (please refer to Annex 6).
In the phase of conducting enforcement in cases when it is run by courts, spotted difficulties are reflected
mostly in long procedure duration and subsequently, overall unsatisfactory efficiency of enforcement (low
percentage of claim collection).
Present system of control over enforcement proceedings has been conducted through legal remedies and by
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monitoring the work of public notary service and public commissioners1, as well as monitoring the
implementation of Act on enforcement over monetary assets (which is conducted by FINA, business
subjects, banks and credit unions). Review of the legality of decisions and work is entrusted to courts
through the institute of legal remedies, while other forms of monitoring are entrusted to the government
bodies (Ministry of Justice, Ministry of Finance, government offices, Croatian National Bank). Statistical
monitoring of courts is under the jurisdiction of the Ministry of Justice (MoJ), while Ministry of Finance
and Croatian National Bank are in charge of collecting reports, data and other information relevant for
monitoring in accordance to the Act on enforcement over monetary assets.
Therefore, in the enforcement system of the Republic of Croatia there are two different types of keeping
track of efficiency and effectiveness of enforcement:
monitoring by legal remedies which results in standardization of case law (the production of
guidelines for court bailiffs in enforcement procedures will contribute to further unification of their
work);
other types of monitoring oriented on statistical monitoring, reporting, monitoring of work and other
forms of monitoring over bodies ordering and conducting enforcement (public notaries, public
commissioners, FINA) with important aspect of availability of relevant data and reports with the
purpose of standardization of proceedings, elimination of irregularities and prevention of creating
backlogs.
Existing system of control over legality of the courts’ and other authorized institutions’ work regarding
enforcement procedure could mainly be evaluated as positive, but in spite of this, it requires certain
improvements. Regarding judicial control over legality of courts’ and public notaries’ work, the detected
problems are related to: 1) significant number of decisions against which appeals can be declared, 2)
numerous reasons for these appeals and consequently, 3) the problem of long-lasting period of deciding
upon these legal remedies.
With this Twinning project Ministry of Justice wants to provide additional support to institutions involved
in enforcement: courts (entitled to order and conduct enforcement, except for conducting enforcement on
monetary assets), public notaries (whose jurisdiction is limited to ordering enforcement on the basis of
authentic instrument) and institution proven to be effective in enforcement matters (FINA - legal person
conducting the enforcement procedure according to the provisions of the Enforcement Act and Act on
enforcement over monetary assets). Through this project it is expected that their jurisdiction and powers will
be further widened and the enforcement procedure will be even more simplified, all which should result in a
quicker and easier realization of creditors' claims.
In relation to all previously mentioned this project will also conduct analysis on the cost-benefit
interconnectivity of the existing IT systems and prepare functional specifications for upgrading the existing
IT systems with the purpose to achieve better interconnectivity and interoperability between stakeholders
within the enforcement system. Aim of this group of activities is to support current enforcement system with
proper IT aspect in order to make the procedure more efficient.
Due to the fact that no activity in the field of raising public awareness on enforcement system was initiated
in the recent years by the Ministry of Justice, and due to the fact that under Balkans enforcement reform
project (BERP) this type of activity was also not conducted (as previously planned), this project will also
contribute to raising awareness of general public on new enforcement legislation.
1 Public commissioner is a natural person or a legal person (entity) entrusted (under the condition of meeting certain requirements
stipulated by law) with selling movable assets seized during the enforcement process. Croatian Chamber of Commerce and
Ministry of Economy are involved in the procedure of signing the contract with selected commissioner.
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3.2 Linked activities:
World Bank Justice Sector Support Project started in 2010 and is envisaged to end in 2015.
The overall value of the project is EUR 27.9 million. The project is proposed to be financed from: (i) the
proceeds of Specific Investment Loan (SIL) on standard IBRD terms and (ii) government budgetary
resources. As a part of this project, a certain allocation is planned to further support the enforcement system
in Croatia but exact activities have not been determined yet. This IPA 2010 project will coordinate its
activities and respect all the outputs delivered through this World Bank project.
MATRA project “Enhancement of the Capacities of the Ministry of Justice” in bilateral cooperation
with Netherlands partners started in May 2010 and ended in December 2011.
Project purpose was to assist Ministry of Justice in regards to further strategic developments and to the
implementation of the Strategy for the Reform of the Judiciary and the Anti-Corruption Programme,
through institutional capacity building, staff training and organizational development of the Ministry of
Justice. Based on the recommendations of the High Level Advisor and the Croatian Ministry of Justice
demands, the following results were achieved:
1. Providing one-on-one advice and coaching to the State Secretary responsible for organization of the MoJ
2. Providing one-on-one advice and coaching to the Director of Secretariat
3. Practical two-week training course for 15 staff members of the Ministry of Justice at the European
Academy of Law and Legislation
4. Assistance to the Judicial Academy
5. Advice by High legal advisor (providing independent advice to the Minister).
Balkans enforcement reform project (BERP) started in May 2009 and ended in December 2011.
This regional project has been established as a common initiative of Center for International Legal
Cooperation (CILC - which is an NGO from the Netherlands) and International association of bailiffs with
the aim to support the reform of enforcement in Southeast Europe. In accordance with this general aim,
BERP assisted the relevant governmental structures, professional bodies and NGOs in the countries of the
Western Balkans involved in the area of enforcement, in the development and implementation of training
strategies and programs for judicial officers (from the private and public sector) entrusted with the
execution of court judgments. It also included development and implementation of training programmes for
the officers and institutions entrusted with the supervision over enforcement procedures, including training
at the regional level on topics like ethics and disciplinary issues, international aspects of enforcement,
public awareness and media, quality standards and training methodology. From May 2009 till December
2010 conferences were held in Dubrovnik, Skopje, Kolašin, Tirana (Drač) and Miločer with participation of
representatives from the Ministry of Justice.
PHARE 2006 “Support to the Court Administration and Case Management” started in November
2008 and ended in November 2010.
The project consisted of one service component. Main purpose was to establish reliable, efficient and
sustainable system for management of cases (based on the already developed ICMS pilot system)
implemented at 60 selected courts (county, commercial and municipal) and for general administration of the
court system. Analysis of the existing business process in courts was conducted. The project developed a
sustainable and re-usable system and materials for training of judges and court staff in using ICMS based on
the e-learning methodologies. Administrative capacity of court staff as a consequence of newly adopted
court management system (new business processes, procedures and IT system) were increased by proving
adequate education to key users and support to all users. ICMS has brought the transparency in the work of
courts by way of automatic assignments of cases to judges and monitoring of their work which will help to
reduce the possibility of corruption. It also provided a better and quicker access to relevant information.
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PHARE 2006 “Harmonization and Publication of Case Law” started in November 2008 and ended in
November 2010.
This project consisted of two components: service and supply. Purpose of this project was to increase the
accessibility and dissemination of national case law from 50 pre-selected courts (including county,
municipal and commercial courts) for all interested parties (on national and international level) in order to
contribute to unifying case law. As the main result of this project the upgraded application for publication of
case law was developed - SuPra Nova. Selected courts decisions of the High Misdemeanour Court were
also published through SuPra Nova system. Through supply component of this project IT equipment
(hardware and software) for SuPra Nova system was purchased.
Bilateral project with the French Republic “Developing a strategic study for enhancing enforcement
efficiency and creation of Public Enforcement Agents - Improvement of the Enforcement system in
the Republic of Croatia“ started in June 2008 and ended in July 2009.
The purpose of this project was to support the development of Strategic study for enhancing enforcement
efficiency aiming at taking off the workload from the courts, simplifying, expediting and making the
enforcements on immovable assets, movable assets and monetary claims on bank accounts more
efficient.
CARDS 2004 “Improving Court and Case Management at the High Misdemeanour Court and
Selected Misdemeanour Courts” started in September 2007 and ended in December 2009.
The project purpose was to support and enhance operation and functioning of the court case management at
High Misdemeanour Court and selected misdemeanour courts as well as IT education and training for
judges. Project consisted of two components: Twinning (HR/2004/IB/JH/08) and supply. Twinning project
was implemented by the Republic of Germany (the German Foundation for International Legal Cooperation
- IRZ) in cooperation with the Croatian Ministry of Justice, High Misdemeanour Court of the Republic of
Croatia and Croatian Judicial Academy as BC partners.
This project focused on five basic areas in relation to the misdemeanour sector: legislation, working
conditions, organisation including monitoring and training and Information Communication Technology
(ICT) support and it delivered a set of recommendations and documents to improve the functioning of
misdemeanour courts. Through this project Joint Case Management System (JCMS) compatible modules
were defined, together with the technical and functional specification. Through supply component of this
project IT equipment for Integrated Case Management System (eSpis) was purchased.
CARDS 2003 “Support to the Reform of the Croatian Court System” – phase II, started in June 2006
and ended in June 2008.
The project main purpose was to further enhance the operation and functioning of the Courts as a whole and
pre-selected Courts in particular through improving the management and information system, supporting
rationalisation of court networks in Croatia, developing standards in court produced documents and
ensuring modernisation/computerisation of courts. Project consisted of two components: Twinning
(HR/2003/IB/JH/04) and supply. Twinning project was implemented by the Republic of Austria. The main
results achieved were development of standardized templates and forms for court decisions and further
development of capacity for statistical monitoring of court performance. Through supply component, IT
equipment was delivered to the pre-selected courts that were involved in this project, with the purpose of
introducing the roll-out of ICMS.
CARDS 2002 “Reform of the Croatian Court System” started in 2004 and ended in February 2006.
Project purpose was to improve efficiency of Croatian courts, in order to achieve better quality of
judgments and backlog reduction per case and per judge, as well as to increase the Croatian public trust in
judiciary. The project consisted of two components: Twinning (HR/2002/IB/JH/02) and supply. Twinning
partner was the Republic of Finland. Project delivered several recommendations, introduced new
management and other working methods and also supported the future Integrated Court Management
System (ICMS) and IT development of Croatia under the four components: (1) Development of
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management procedures; (2) Organization and structure of the Croatian court system; (3) Judicial
proceedings and (4) Support to IT development.
3.3 Results:
COMPONENT I – Strengthening institutional and administrative capacities of stakeholder institutions
in regard to the enforcement monitoring system
Result 1.1. Recommendations for establishment of more efficient enforcement monitoring system and
detailed practical guidelines for bailiffs processes (based on the analysis of the technical and legal
execution in enforcement cases) prepared.
Indicators of achievement:
Legal framework regulating the enforcement system in the Republic of Croatia analysed and
corresponding report prepared
Technical execution of different types of enforcement procedures known by the Croatian
enforcement legislation analysed and corresponding report prepared
Comparative overview of enforcement monitoring systems in two MSs with similar features of
enforcement system as in the Republic of Croatia prepared
4 round tables for at least 20 participants from relevant institutions per round table organized
Recommendations for improvement of the enforcement monitoring system prepared
Detailed practical guidelines for bailiffs’ processes drafted and at least 300 guidelines for
bailiffs’ processes printed and disseminated
Result 1.2. Capacity of stakeholders involved in the enforcement monitoring system improved with the
purpose to establish more efficient monitoring of the overall enforcement system.
Indicators of achievement:
Training needs analysis (TNA) for the employees of institutions involved in monitoring of
enforcement conducted and TNA report prepared
Training programme and training materials prepared and distributed on trainings
4 in-service trainings for representatives of stakeholders (at least 15 participants in total)
involved in the enforcement monitoring system (including at least 10 employees of the Ministry
of Justice) conducted
Result 1.3. Capacity of stakeholders within the enforcement system taking into account their
jurisdiction and occurring implementation problems in the enforcement process strengthened.
Indicators of achievement:
Training needs analysis (TNA) for stakeholders of the enforcement system conducted and TNA
report prepared
Training curricula, training programme and training materials for training of stakeholders’ staff
prepared and training curricula, training programme and training materials for the train-the-
trainers (ToT) seminars prepared
At least 12 seminars for stakeholders based on their role in the enforcement process conducted
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and in total at least 80 judges, 160 judicial advisors, 100 bailiffs, 50 public notaries and 20
representatives from other stakeholders trained
At least 3 train-the-trainers (ToT) seminars for at least 4 participants per seminar conducted
COMPONENT II – Strengthening inter-institutional cooperation of stakeholders participating in the
enforcement system
Result 2.1. Recommendations for improvement of coordination and communication mechanisms and
general information flow protocol between stakeholders within the enforcement system prepared and
presented to all stakeholders.
Indicators of achievement:
Communication procedures and mechanisms for information exchange between relevant
institutions analysed and analysis report prepared
Comparative analysis of the roles and responsibilities of the enforcement system institutions in
two Member States conducted and corresponding report prepared
4 round tables for at least 20 participants from relevant institutions per round table organized
with the purpose to discuss solutions for improvement of cooperation between stakeholders
participating in the enforcement system
Recommendations for improvement of coordination and communication mechanisms between
stakeholders within the enforcement system prepared taking into account legal framework and
monitoring responsibilities
Working group established and general information flow protocol prepared
Workshop materials prepared and at least 4 joint workshops for at least 5 representatives per
institution organized with the purpose to present business processes related to implementation of
general information flow protocol
Result 2.2. Functional specifications for upgrading the existing IT systems with the purpose to achieve
better interconnectivity and interoperability between stakeholders within the enforcement system
prepared.
Indicators of achievement:
Overview of at least one EU Member State solution in relation to IT interoperability and
interconnectivity needed for efficient enforcement system prepared
Screening of the IT systems conducted and report with recommendations prepared
Cost benefit analysis of enhancing IT interconnectivity and interoperability prepared
Functional specifications of the specific IT solution for interconnectivity and interoperability
between stakeholders within the enforcement system prepared
COMPONENT III - Raising public awareness of the enforcement system
Result 3.1. Public awareness on enforcement system raised through conducting publicity and
information campaign for general public.
Indicators of achievement:
Consultations with stakeholders in relation to raising public awareness on enforcement system
conducted
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Communication Plan on the enforcement system (containing at least two models for raising
public awareness about the enforcement system) prepared
10 000 promotional leaflets on the enforcement system for general public designed and printed
1 000 booklets on the enforcement system for general public designed and printed
Public awareness raised through round tables in each county (20) throughout the Republic of
Croatia and in City of Zagreb
Result 3.2. Public relations in regard to enforcement system enhanced through establishment of the
Croatian enforcement web site and other modern approaches to general public
Indicators of achievement:
Materials on the enforcement system for publishing on the web site (in English and Croatian)
defined and web site content prepared
Layout and structure of the web site designed (as a part of the Ministry of Justice web site)
Enforcement website set up
Working group defined and one round table with the purpose of discussing the content and
features of IT application to be developed organised
IT application for mobile operating system (android/iOS based) developed and delivered
Training for at least 2 employees of the Ministry of Justice responsible for maintenance,
selection and publishing of materials on the website conducted
3.4 Activities:
COMPONENT I – Strengthening institutional and administrative capacities of stakeholder institutions
in regard to the enforcement monitoring system
1.1.1. Analysing the legal framework (laws and bylaws regulating the enforcement system in the
Republic of Croatia) and preparing corresponding report.
1.1.2. Analysing the technical execution (the overall process of involuntary collection of claims and
problems which occur during the procedure) of different types of enforcement procedures known by
the Croatian enforcement legislation and preparing report containing analysis results.
1.1.3. Preparing comparative overview of enforcement monitoring systems in two Member States
with similar features of enforcement system as in the Republic of Croatia.
1.1.4. Organizing 4 regional round tables for at least 20 participants per round table (representatives
from the Ministry of Justice, Chamber of Public Notaries, FINA, Ministry of Finance and County
courts2). Topics to be covered are: results of the analysis and overview prepared through activities
1.1.1-1.1.3 and suggestions for improvements.
1.1.5. Preparing recommendations for improvement of the enforcement monitoring system3 (with
defined monitoring indicators, evaluation criteria and models of reports regarding monitoring
activities).
2 County courts are in charge of monitoring the first instance enforcement decisions by acting upon legal remedies.
3 Institutions involved in monitoring of enforcement: Ministry of Justice, Ministry of Finance, Chamber of Public Notaries and, in
certain type of cases Croatian National Bank.
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1.1.6. Drafting comprehensive and detailed practical guidelines4 for bailiffs’ processes designed for
all different types of object of enforcement; printing and disseminating at least 300 guidelines for
bailiffs’ processes to Ministry of Justice and municipal courts5.
1.2.1. Conducting training needs analysis (TNA) on enforcement monitoring system for the
employees of institutions involved in monitoring of enforcement (defined under footnote no.2 and 3)
and preparing TNA report.
1.2.2. Preparing training programme and training materials which will be distributed on trainings
conducted under activity 1.2.3.
1.2.3. Organizing and conducting 4 in-service trainings on the enforcement monitoring system for
representatives of stakeholders (at least 15 participants in total) defined under footnote no. 2 and 3
(including at least 10 employees of the Ministry of Justice). Trainings should be based on the
recommendations for improvement of the enforcement monitoring system proposed through activity
1.1.5.
1.3.1. Conducting training needs analysis (TNA) for stakeholders of the enforcement system6
taking into consideration the jurisdiction and scope of work of each stakeholder and preparing TNA
report.
1.3.2. Preparing training curricula with detailed training programme and training materials for
training of stakeholders’ staff based on the TNA report and preparing training curricula with detailed
training programme and training materials for the train-the-trainers (ToT) seminars. Developed
materials should take into account different roles of each stakeholder in the enforcement system.
1.3.3. Conducting at least 12 seminars for stakeholders (defined under footnote no.6) based on their
role in the enforcement process (3 seminars in Zagreb, 2 seminars in Split, per 1 seminar in Zadar,
Rijeka, Osijek, Varaždin, Sisak, Pula and Slavonski Brod). In total, trainings are to be conducted for at
least 80 judges, 160 judicial advisors, 100 bailiffs, 50 public notaries and 20 representatives from
other stakeholders. The main topic of these seminars is the jurisdiction of each stakeholder, occurring
implementation problems in the enforcement process and methods to improve efficiency of the
enforcement system.
1.3.4. Preparing and conducting at least 3 train-the-trainers (ToT) seminars for at least 4
participants per seminar (future trainers from stakeholders defined under footnote no.6, with special
emphasis on future training of judges, judicial advisors and bailiffs).
4 Comprehensive and detailed practical guidelines should encompass all different kinds of enforcement processes conducted by
bailiffs by providing them additional help (practical advices and examples) in each specific phase of the enforcement process. 5 Publishing of the guidelines is envisaged to be financed through private sector input specified in the point 5. Budget of the
Twinning fiche. 6 Stakeholders of the overall enforcement system: Representatives from Municipal courts, Ministry of Justice and relevant
Directorates of the Ministry of Finance, Bar Association, Chamber of Public Notaries, Croatian Chamber of Commerce, Ministry
of Labor and Pension system, Ministry of the Interior and FINA.
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COMPONENT II – Strengthening inter-institutional cooperation of stakeholders participating in the
enforcement system
2.1.1. Analysing communication procedures and mechanisms for information exchange between
relevant institutions (defined under footnote no.6) in respect to the enforcement system and preparing
analysis report.
2.1.2. Conducting comparative analysis of the roles and responsibilities (business processes and
information flow among the parties) of the enforcement system institutions in two Member States
analysed under activity 1.1.3 and preparing corresponding report highlighting the best EU practices.
2.1.3. Organizing 4 regional round tables for at least 20 participants per round table (representatives
from stakeholders defined under footnote no.6). The main topic of the round table should be
discussion on solutions for improvement of cooperation between stakeholders participating in the
enforcement system based on the outputs produced under activity 2.1.1 and 2.1.2.
2.1.4. Preparing recommendations for improvement of coordination and communication
mechanisms between stakeholders within the enforcement system, taking into account legal
framework and monitoring responsibilities proposed through result 1.1.
2.1.5. Establishing working group (consisted of participants of relevant institutions defined under
footnote no.6) and preparing general information flow protocol (business processes for exchange of
information between stakeholders within the enforcement system).
2.1.6. Preparing workshop materials and organizing at least 4 regional joint workshops for
employees of relevant institutions (at least 5 representatives per institution defined under footnote
no.6) with the purpose to present to all stakeholders business processes related to implementation of
general information flow protocol.
2.2.1. Preparing overview of at least one EU Member State solution (one of MSs analysed under
activity 1.1.3) in relation to IT interoperability and interconnectivity needed for efficient enforcement
system (with recommendations of the best practices).
2.2.2. Conducting screening of the IT systems (analysis of IT structure and business processes from
IT aspect) regarding implementation of the enforcement system in stakeholders’ institutions and
relevant public administrative bodies (especially, but not limited to Croatian Institute for Health
Insurance and Croatian Institute for Pension Insurance7) and preparing report with recommendations
on at least two models which could be applied to Croatian enforcement system.
2.2.3. Preparing cost benefit analysis8 of enhancing IT interconnectivity and interoperability in line
with the recommendations produced through activity 2.2.2.
2.2.4. Preparing functional specifications of the specific IT solution for interconnectivity and
interoperability between stakeholders within the enforcement system (the functional specifications
will be prepared for the best applicable model in line with cost benefit analysis results).
7 These institutions have access to data regarding citizens' employment, health and pension incomes, which incomes can have
special treatment/exclusion from the enforcement procedure. 8 Such cost benefit analysis should show advantages and disadvantages of implementation of certain system in the Republic of
Croatia, meaning that it should provide information on the best solution for domestic enforcement system.
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COMPONENT III - Raising public awareness of the enforcement system
3.1.1. Conducting consultations with all stakeholders (defined under footnote no.6) in order to
gather useful information and proposals about raising public awareness on enforcement system.
3.1.2. Preparing detailed Communication Plan about the enforcement system based on activity
3.1.1. The Communication Plan should cover the following subjects to be presented to the general
public: main features of enforcement system in the Republic of Croatia, institutions involved and
their jurisdiction, protection of enforcement parties through legal remedies and main novelties in the
enforcement process. This Communication Plan should contain at least two models (approaches) for
raising public awareness about the enforcement system. The employees of Directorate for civil,
commercial and administrative law and Independent PR Service of the Ministry of Justice will
participate in preparation of models for raising public awareness.
3.1.3. Designing and printing 10 000 promotional leaflets9 about the enforcement system for
general public. The leaflets will be also available in electronic form on the enforcement website and
the paper version will be disseminated to the general public by relevant stakeholders (e.g. at local
offices and round tables organised through activity 3.1.5).
3.1.4. Designing and printing 1 000 booklets10
on enforcement system for general public. The
booklets will be also available in electronic form on the enforcement website and the paper version
will be disseminated to the general public by relevant stakeholders (e.g. at local offices and round
tables organised through activity 3.1.5).
3.1.5. Organizing round tables in each Croatian county (20) and in City of Zagreb with the purpose
to raise public awareness about the enforcement system. The participants of these roundtables will be
representatives from stakeholders defined under footnote no. 6 as well as the representatives of
interested parties/non-governmental institutions (e.g. consumer organizations, debtor protection
organizations etc.). It is expected that 50 participants will be present at each organized round table.
3.2.1. Defining materials regarding the enforcement system for publishing on the web site (in
English and Croatian) and preparing the web site content (textual and photo materials) in electronic
format on the basis of the determined website purpose and target groups.
3.2.2. Designing the layout and structure of the web site (as a part of the Ministry of Justice web
site).
3.2.3. Setting up the enforcement website.11
The website should be developed in a way to enable
the MoJ to independently update its content in the future.
3.2.4. Defining working group and organizing one round table for participants from the determined
target groups with the purpose of discussing the content and features of IT application to be developed
under activity 3.2.5.
3.2.5. Developing and delivering IT application for mobile operating system12
(android/iOS based).
9 Publishing of the leaflets is envisaged to be financed through private sector input specified in the point 5. Budget of the
Twinning fiche. 10
Publishing of the booklets is envisaged to be financed through private sector input specified in the point 5. Budget of the
Twinning fiche. 11
Production of the web site may be implemented through private sector input in case the MS does not have at disposal public
sector expert(s) with required expertise for implementing this activity. 12
This IT application will enable citizens (interested parties) to obtain certain information regarding enforcement procedure, if
initiated/conducted against them. Production of the IT application may be implemented through private sector input in case the
MS does not have at disposal public sector expert(s) with required expertise for implementing this activity.
15
3.2.6. Conducting training for at least 2 employees of the Ministry of Justice responsible for
maintenance, selection and publishing of relevant materials on the website. The purpose of this
training is to educate employees on PR approach when addressing the general public in certain
delicate issues.
Two visibility events will be organized in the course of the implementation of the project; Kick-off
meeting at the start of the implementation and the Final meeting at the end of the implementation of
the project activities.
3.5 Means/ Input from the MS Partner Administration:
3.5.1 Profile and tasks of the Project Leader
Profile of the Project Leader
Requirements:
University level education or equivalent professional experience of 15 years in civil justice
sector
9 years of experience in the field of enforcement
Working level of English language
Computer literacy
High – ranking official
Proven contractual relation to public administration or mandated body, as defined under
Twinning manual 5.4.5
Experience in project management
Assets:
Experience in EU funded projects related to development of enforcement system
Experience in developing institutional capacities regarding enforcement system
Tasks of the Project Leader:
Overall management and coordination of the project, in cooperation with RTA, RTA
counterpart and BC PL
Co-ordination of MS experts’ work and availability
Participation at the Steering Committee meetings
Assuring compatibility with EU requirements
Ensuring backstopping and financial management of the project in the MS
Project reporting
Supervising implementation of the project
Ensuring sound implementation of envisaged activities
Coordination and networking with relevant institutions in Croatia and in MS
16
3.5.2 Profile and tasks of the RTA
Profile of the Resident Twining Adviser
Requirements:
University level education or equivalent professional experience of 13 years in civil justice
sector
8 years of experience in the field of enforcement
Working level of English language
Computer literacy
Proven contractual relation to public administration or mandated body, as defined under
Twinning manual 5.4.5
Experience in project management
Assets:
Experience in developing institutional capacities regarding enforcement system
Experience in public relations
Experience in preparation of legal framework in the area of civil justice
Experience in conducting trainings
Tasks of the Resident Twining Adviser:
Support and coordination of all activities in the BC
Responsible for monitoring project implementation and proposing corrective management
actions if required
Provide technical advice and assist Croatian administration in the context of project work plan
Responsible for organization of PIU and Steering Committee meetings
Networking with stakeholders of the project in Croatia and in MS
Organization of visibility events (kick-off and final event)
Day-to-day management of the project in the Beneficiary institution
Organization of training activities
Executing administrative issues (e.g. assisting in reporting)
Duration of the RTA secondment will be 21 months.
3.5.3 Profile and tasks of the short-term experts
For each of the proposed experts in the submitted proposal of the Member State(s) is kindly
requested to indicate the expert’s profile.
Profile of the Short-term expert 1
Requirements:
University level education or equivalent professional experience of 10 years in civil justice
sector
17
5 years of experience in the field of enforcement in civil justice sector
Working level of English language
Computer literacy
Proven contractual relation to public administration or mandated body as defined under
Twinning manual 5.4.5
Assets:
Experience in preparation of guidelines regulating enforcement system
Experience in developing monitoring indicators and evaluation mechanism related to the
enforcement system
Experience in preparation of comparative analysis of enforcement systems in different Member
States
Experience in preparation of information flow protocol between different institutions
Tasks of the Short-term expert 1:
Analyse the legal framework and prepare corresponding report
Analyse the technical execution of different types of enforcement procedures known by the
Croatian enforcement legislation and prepare a report containing analysis results
Prepare comparative overview of enforcement monitoring systems in two MSs with similar
features of enforcement system as in Republic of Croatia
Propose recommendations for improvement of the enforcement monitoring system
Draft comprehensive detailed practical guidelines for bailiffs’ processes designed for all
different types of object of enforcement
Analyse communication procedures and mechanisms for information exchange between
relevant institutions in respect to the enforcement system and prepare corresponding reports
Conduct comparative analysis of the roles and responsibilities of the enforcement system
institutions in two MSs analysed and prepare corresponding report
Provide recommendations for improvement of coordination and communication mechanisms
between stakeholders within the enforcement system, taken into account legal framework and
monitoring responsibilities
Establish working group and prepare general information flow protocol
Conducting training needs analysis, prepare training programme and materials and conduct
training, seminars, workshops and round tables (in cooperation with other short-term experts)
Participate in all relevant project activities in cooperation with other short-term experts
Profile of the Short-term expert 2
Requirements:
University level of education or equivalent professional experience of 10 years in civil justice
sector
3 years of experience in conducting trainings or preparing training programmes in civil justice
sector
Experience in conducting training needs analysis (TNA)
Working level of English language
Computer literacy
Proven contractual relation to public administration or mandated body as defined under
Twinning manual 5.4.5
18
Asset:
Experience in conducting trainings related to enforcement system
Tasks of the Short-term expert 2:
In cooperation with other short-term experts participate in all relevant project activities,
especially regarding the tasks to conduct training needs analysis (TNA) and prepare TNA
report, prepare training curricula, training programme and training materials for regular
trainings as well as training of trainers, prepare and conduct seminars, workshops, round tables
and trainings of trainers of relevant stakeholders
Profile of Short-term expert 3 - PR expert:
Requirements:
University level education or equivalent professional experience of 10 years in the field of
public relations (PR)
4 years of experience in implementing PR activities
Experience in organizing public awareness campaigns
Working level of English language
Computer literacy
Proven contractual relation to public administration or mandated body, as defined under
Twinning manual 5.4.5
Assets:
Experience in preparation of visibility materials
Experience in defining materials for publishing on web site
Tasks of the Short-term expert 3:
Conduct consultation with all stakeholders
Prepare detailed Communication Plan about the enforcement system
Design promotional leaflets and booklets about the enforcement system for general public
Organize round tables (in cooperation with other short-term experts)
Define materials for publishing on the web site and prepare the website content in electronic
format on the basis of the determined website purpose and target groups
Define structure of the website (in cooperation with other short-term experts)
Conduct training for employees of the Ministry of Justice responsible for maintenance, selection
and publishing of relevant materials on the website (in cooperation with other short-term experts)
Participate in all relevant project activities in cooperation with other short-term experts
Profile of Short-term expert 4 - IT expert:
Requirements:
University level education or equivalent professional experience of 10 years in the field of
information technology (IT)
3 years of experience in the field of IT
19
Experience in IT business process analysis
Experience in preparation of functional specifications for IT systems
Working level of English language
Computer literacy
Proven contractual relation to public administration or mandated body, as defined under
twinning manual 5.4.5
Assets:
Experience in developing IT interconnectivity solutions (for systems that connect multiple
institutions)
Experience in developing mobile operating systems applications
Experience in developing IT systems in the field of enforcement
Tasks of the Short-term expert 4:
Prepare overview of at least one EU Member State solution in relation to IT interoperability and
interconnectivity needed for efficient enforcement system
Conduct screening of the IT systems regarding implementation of the enforcement system and
prepare report with recommendations on at least two models which could be applied to Croatian
enforcement system
Prepare cost benefit analysis of implementation of enhancing IT interconnectivity and
interoperability in line with the recommendations
Prepare functional specifications of the specific IT solution for interconnectivity and
interoperability between stakeholders within the enforcement system
Develop and deliver IT application for mobile operating system (android/iOS based)
Conduct training for employees of the Ministry of Justice responsible for maintenance, selection
and publishing of relevant materials on the website (in cooperation with other short-term experts)
Participate in all relevant project activities in cooperation with other short-term experts
Note 1:
The pool of experts should include at least one short-term expert who in addition to the respective
profile requirements has experience in drafting legislation regulating the enforcement system.
Note 2:
Production of web site (Activity 3.2.3) and IT application (3.2.5) may be implemented through
private sector input in case the MS does not have at disposal public sector expert(s) with required
expertise for implementing these activities.
20
4. Institutional Framework
The main beneficiary of this Twining project is Directorate for Civil, Commercial and Administrative
Law - Sector for regulations of civil and commercial law - Service for procedural law, enforcement
law and corporate law, within the Ministry of Justice. Other relevant stakeholders are courts, public
notaries, FINA and employers, Croatian Pension Insurance Institute (and other payers of fixed
payments who participate, based on their jurisdiction stipulated by law, in implementation of
enforcement), Ministry of Finance, Croatian National Bank, Bar Association, Chamber of Public
Notaries, Croatian Chamber of Commerce, Ministry of Labor and Pension system and Ministry of
Interior. It is not expected that after the project finalization the institutional framework of the current
enforcement system will be modified.
Directorate for Civil, Commercial and Administrative Law is an organizational unit of the Ministry of
Justice that performs administrative and professional tasks related to preparing draft proposal of acts
and implements acts and other regulations from the Directorate’s scope.
Sector for regulations of civil and commercial law (10 employees) deals with administrative and
professional tasks related to: preparation of draft proposal of acts, laws and bylaws, implementation of
regulations in the field of civil substantive and procedural law, enforcement law, commercial and
corporate law, bankruptcy law and procedure of entry into court register. It performs analysis and
provides recommendations for alignment of these regulations with those of the EU acquis, prepares
expert opinions on draft of proposals of regulations, made by other central bodies of state
administration and other tasks within Sector’s scope of work.
Service for procedural law, enforcement law and corporate law (7 employees) deals with
administrative and professional tasks related to preparation of draft proposals of laws, bylaws and
other regulations in the field of civil procedural law, mediation, enforcement law, commercial and
corporate law, bankruptcy law, procedure of entry into court register, analyses and provides
recommendations for alignment of these regulations with those of the EU acquis, prepares expert
opinions on draft of proposals of regulations made by other central bodies of state administration,
performs administrative and other expert tasks related to mediation and other activities under its scope
of work.
Department for procedural law, enforcement law and mediation performs administrative and
professional tasks related to preparation of draft proposals of laws, bylaws and other regulations in the
field of civil procedural law, mediation, enforcement law, conducts analysis and provides
recommendations for alignment of these regulations with those of the EU acquis, implements these
regulations when under the scope of its duties, prepares expert opinions on draft of proposals of
regulations made by other central bodies of state administration and performs other duties under its
scope of work.
The new legal regulation of enforcement system in Republic of Croatia for the most part has kept
judicial enforcement model implementation. Courts are key authorities for determination and
implementation of enforcement, as well for controlling of legalities which is realized through the
institute of legal remedy. Besides their jurisdiction for determination of enforcement for
implementation of monetary and non-monetary claims based on enforcement title, courts are for the
most part competent for enforcement implementation of almost all objects of enforcement.
Exemptions from jurisdiction of enforcement implementation are prescribed by the Act.
In relation to exemptions of special matters for efficiency of the enforcement it is important to
emphasize the possibility of collecting monetary claims through the Financial Agency, on the basis
of the specific types of enforcement title (enforceable judgement and settlement of domestic courts,
21
administrative department, employer accounts).
Since the year 2005 public notaries have been introduced in the enforcement system as the
competent authority for determining enforcement on the basis of the authentic instrument (bills,
public documents and excerpts from business books). An appeal against enforcement order on the
basis of the authentic instrument delivered by public notary may be submitted to the public notary
who has issued writ of enforcement. An appeal decision will be provided by a competent court (in
terms of jurisdiction).
Since the year 2011 Financial Agency, as an implementing authority is competent for
implementation of enforcement on monetary funds of the enforcement debtor, according to his/her
personal identification number, without his/her approval. Financial Agency (FINA) is the state
owned operator of the financial infrastructure. It is a key partner of the State in the field of public
finances, the pension reform, payments and control of obligatory contributions, taxes and surtaxes
as well as in all State Treasury affairs. It also offers the service of keeping records of payments for
all public contributions and functions as a state statistics service.
Employers, Croatian Pension Insurance Institute and other payers of fixed monetary payments to
enforcement debtor participate in implementation of enforcement when the enforcement is
determined on the wage, or on other permanent income of debtor (pension, claims instead of wage,
compensation for part time working hour, compensation for the salary reduction, etc.).
The beneficiary institution will dedicate all necessary human and financial resources in order to
guarantee an effective implementation of the respective project. In particular, the beneficiary
institution will insure the availability of the following provisions:
Adequately equipped office space for the RTA and the RTA assistant for the entire duration of their
secondment (in particular a desk, a telephone line, PC with e-mail account and internet access,
possibility to use fax & copy services).
Adequate conditions for the STEs to perform their work while on mission to the BC.
Training and conference venues as well as presentation and interpretation equipment.
Costs for travel by BC participants from their capitals to a MS or between MS (study visits).
Its active involvement in preparation of the PIU and Steering Committee meetings and participation
of its members on the same.
The availability of the BC human resources (BC experts) during the implementation of the activities.
5. Budget
Improvement of the Enforcement
system in the Republic of Croatia
IPA Community
Contribution
National Co-
financing TOTAL
Twinning Contract
93%
1.488.000,00 EUR
7%
112.000,00 EUR
1.600.000,00 EUR
The total amounts of the IPA Community Contribution and National Co-financing stipulated in the
above table represent the total maximum amounts and therefore, they may be reduced at the level of
the Twinning contract, while the relevant ratio (percentages) should be maintained as fixed.
The co-financing requirement foreseen under IPA will be considered fulfilled according to the
provision of the relevant Financing Agreement.
22
Interpretation costs will be reimbursed from the budget only for the purpose of workshops and
seminars, up to 7% of the Contract amount can be used for translation and interpretation purposes.
In addition to the above-mentioned, provisions with the maximum total amount of 9.500 EUR should
be included in the budget for the following purposes:
Publishing of the guidelines for bailiffs’ processes (Activity 1.1.6): minimum 300 guidelines (approx.
70 pages per guidelines) - Total: 3.000 EUR.
Publishing of promotional leaflets about the enforcement system for general public (Activity 3.1.3):
minimum 10 000 leaflets – Total: 5.000 EUR.
Publishing of booklets on enforcement system for general public (Activity 3.1.4): minimum 1000
booklets (approx. 15 pages per booklet) – Total: 1.500 EUR.
6. Implementation Arrangements
6.1 Implementing Agency responsible for tendering, contracting and accounting
Central Finance and Contracting Agency (CFCA)
Ulica grada Vukovara 284
10000 Zagreb, Croatia
Ms Nataša Mikuš Žigman, Director of the CFCA
Phone: + 385 1 4591 245
Fax: +385 1 4591 075
E-mail: [email protected]
Twinning Administrative Office
Central Finance and Contracting Agency
Ulica grada Vukovara 284
10000 Zagreb, Croatia
Ms Nirvana Sokolovski
Phone: +385 1 4591 245
Fax: + 385 1 4591 075
E-mail: [email protected]
6.2 Main counterpart in the BC
Senior Programme Officer (SPO):
Mr. Damir Kaufman, Secretary General
Ministry of Justice
Ulica grada Vukova 49
10 000 Zagreb, Croatia
Telephone: +385 1 3714-550
Fax: +385 1 3714-551
E-mail: [email protected]
23
BC project Leader:
Ms. Sandra Artuković Kunšt, Deputy Minister
Ministry of Justice
Ulica grada Vukovara 49
HR -10000 Zagreb
Telephone: +385 1 3714 501
E-mail: [email protected]
RTA counterpart:
Mrs. Mirjana Matov, Head of Service for Procedural Law, Enforcement Law and Corporate Law
Directorate for Civil, Commercial and Administrative Law
Ministry of Justice
Ulica grada Vukovara 49, 10 000 Zagreb, Croatia
Phone: +385 1 3714 158
E-mail: [email protected]
6.3 Contracts
It is envisaged that the Project will be implemented through one Twinning contract, with an
indicative amount of 1.600.000,00 EUR.
7. Implementation Schedule (indicative)
7.1 Launching of the call for proposals:13
3Q 2013
7.2 Start of project activities: 2Q 2014
7.3 Project completion: 1Q 2016
7.4 Duration of the execution period (number of months): 24 months.
The execution period will end 3 months after the implementation period of the Action (work plan)
which will take 21 months.
8. Sustainability
Due to the enhanced system of enforcement it is expected that the number of enforcement cases before
courts will be decreased and will result in an increased financial discipline. Hence, the enforcement
procedure in general will be improved. Namely, organizing the ToT (seminars) intended for further
education of employees of all main institutions involved in certain phase of enforcement process (with
special emphasis on judges, judicial advisors and bailiffs) but also other stakeholders within the
system, which will lead to enhancement of expert skills and constant findings for new solutions of
practical problems when occurring. Also, defining detailed rules on enforcement procedures for every
single type of action and defining monitoring criteria for enforcement activities will enable overview
of the implementation of the enforcement legislation and could be used for further improvements or
13
Member States submitting proposals for Twinning projects implemented in Croatia, as well as the beneficiary institutions, will
be requested to finalise drafting of the contracts in maximum four months regardless of the period of the year during which the
drafting will take place.
24
corrective measures, if needed. Additionally, IT systems among relevant institutions are to be analysed
and new IT solution prepared in order to put the existing inter-institutional cooperation between
relevant stakeholders on a higher level.
Results planned to be achieved throughout this project, accompanied by raising public awareness
activities, are seen to set a solid ground for the final goal, establishing future successful, speedy and
transparent overall enforcement process.
9. Crosscutting issues
Based on the fundamental principles of promoting equality and combating discrimination,
participation in the project will be guaranteed on the basis of equal access regardless of sex, racial or
ethnic origin, religion or belief, disability, age or sexual orientation.
10. Conditionality and sequencing
Twinning contract of this project can be implemented immediately.
ANNEXES TO PROJECT FICHE
1. Logical framework matrix in standard format
2. Detailed implementation chart
3. Contracting and disbursement schedule by quarter for full duration of programme
(including disbursement period)
4. List of relevant Laws and Regulations
5. Organisation chart of the MoJ Civil, Commercial and Administrative Law Directorate
6. Statistics on enforcement cases 2011-IQ 2013 (per type of dispute on municipal and commercial
courts)
25
ANNEX 1: Logical framework matrix in standard format
IMPROVEMENT OF THE ENFORCEMENT SYSTEM IN THE REPUBLIC
OF CROATIA
Programme name and number:
IPA 2010
Ministry of Justice Contracting period expires:
3 years following the date of conclusion of
the Financing Agreement
Disbursement period expires:
3 years following the end date for contracting
Total budget: 1.600.000,00 EUR
IPA financing: 1.488.000,00 EUR (93%)
National co-financing: 112.000,00 EUR
(7%)14
Overall objective Objectively Verifiable Indicators Sources of Verification
Efficient and effective enforcement
system in the Republic of Croatia
developed.
Efficient and effective enforcement
system established
Accelerated enforcement proceedings
Ministry of Justice reports & statistics
MoJ reports on reduction of enforcement
cases backlog in the courts
Progress report
Court statistics
Successful continuation of the reform process.
Project purpose Objectively Verifiable Indicators Sources of Verification Assumptions
Enforcement system improved in order to
further contribute to the reduction of the
court backlog.
Stakeholders involved in the
enforcement system trained
Coordination and communication
mechanism between stakeholders
improved
Functional specifications for
upgrading IT system prepared
Public awareness on enforcement
system raised
Court backlog reduced in the period
of 1 year after the implementation of
project
MoJ documentation
MoJ reports
Project reports
Court statistics
List of participants on trainings
Guidelines
Information flow protocol
Functional specifications
Communication Plan
Leaflets and booklets
Web site
IT application
Human resources for the project are assured.
Successful continuation of the reform in the
judiciary.
Readiness of all institutions involved in the
enforcement system to participate in relevant
activities of this project.
Relevant laws on enforcement adopted.
14
The total amounts of the IPA Community Contribution and National Co-financing stipulated in the above table represent the total maximum amounts and therefore, they may be reduced at the level of the Twinning contract, while the
relevant ratio (percentages) should be maintained as fixed. The co-financing requirement foreseen under IPA will be considered fulfilled according to the provision of the relevant Financing Agreement.
26
Results Objectively verifiable indicators Sources of Verification Assumptions
COMPONENT I – Strengthening
institutional and administrative
capacities of stakeholder institutions in
regard to the enforcement monitoring
system
Result 1.1. Recommendations for
establishment of more efficient
enforcement monitoring system and
detailed practical guidelines for bailiffs
processes (based on the analysis of the
technical and legal execution in
enforcement cases) prepared.
Result 1.2. Capacity of stakeholders
involved in the enforcement monitoring
system improved with the purpose to
establish more efficient monitoring of the
overall enforcement system.
Legal framework regulating the
enforcement system in the Republic of
Croatia analysed and corresponding
report prepared
Technical execution of different types
of enforcement procedures known by
the Croatian enforcement legislation
analysed and corresponding report
prepared
Comparative overview of enforcement
monitoring systems in two MSs with
similar features of enforcement system
as in the Republic of Croatia prepared
4 round tables for at least 20
participants from relevant institutions
per round table organized
Recommendations for improvement of
the enforcement monitoring system
prepared
Detailed practical guidelines for
bailiffs’ processes designed and at
least 300 guidelines for bailiffs’
processes printed and disseminated
Training needs analysis (TNA) for the
employees of institutions involved in
monitoring of enforcement conducted
and TNA report prepared
Training programme and training
materials prepared and distributed on
trainings
Twinning report on project implementation
Twinning project documentation
Training programmes and training materials
List of participants on trainings
Publications and statistics of MoJ
Detailed practical guidelines
General information flow protocol
Functional specifications
Leaflets
Booklets
Web site
IT application
Human resources for the project are assured.
Commitment of the MoJ and the Directorate
for Civil, Commercial and Administrative
Law and other relevant institutions (involved
in the enforcement system) to engage in the
project.
27
Result 1.3. Capacity of stakeholders
within the enforcement system taking into
account their jurisdiction and occurring
implementation problems in the
enforcement process strengthened.
COMPONENT II – Strengthening
inter-institutional cooperation of
stakeholders participating in the
enforcement system
Result 2.1. Recommendations for
improvement of coordination and
communication mechanisms and general
information flow protocol between
stakeholders within the enforcement
system prepared and presented to all
stakeholders.
4 in-service trainings for
representatives of stakeholders (at
least 15 participants in total) involved
in the enforcement monitoring system
(including at least 10 employees of the
Ministry of Justice) conducted
Training needs analysis (TNA) for
stakeholders of the enforcement
system conducted and TNA report
prepared
Training curricula, training
programme and training materials for
training of stakeholders’ staff prepared
and training curricula, training
programme and training materials for
the train-the-trainers (ToT) seminars
prepared
At least 12 seminars for stakeholders
based on their role in the enforcement
process conducted and in total at least
80 judges, 160 judicial advisors, 100
bailiffs, 50 public notaries and 20
representatives from other
stakeholders trained
At least 3 train-the-trainers (ToT)
seminars for at least 4 participants per
seminar conducted
Communication procedures and
mechanisms for information exchange
between relevant institutions analysed
and analysis report prepared
Comparative analysis of the roles and
responsibilities of the enforcement
system institutions in two Member
28
Result 2.2. Functional specifications for
upgrading the existing IT systems with
the purpose to achieve better
interconnectivity and interoperability
between stakeholders within the
enforcement system prepared.
States conducted and corresponding
report prepared
4 round tables for at least 20
participants from relevant institutions
per round table organized with the
purpose to discuss solutions for
improvement of cooperation between
stakeholders participating in the
enforcement system
Recommendations for improvement of
coordination and communication
mechanisms between stakeholders
within the enforcement system
prepared taking into account legal
framework and monitoring
responsibilities
Working group established and
general information flow protocol
prepared
Workshop materials prepared and at
least 4 joint workshops for at least 5
representatives per institution
organized with the purpose to present
business processes related to
implementation of general information
flow protocol
Overview of at least one EU Member
State solution in relation to IT
interoperability and interconnectivity
needed for efficient enforcement
system prepared
Screening of the IT systems conducted
and report with recommendations
prepared
Cost benefit analysis of enhancing IT
interconnectivity and interoperability
prepared
Functional specifications of the
specific IT solution for
29
COMPONENT III – Raising public
awareness of the enforcement system
Result 3.1. Public awareness on
enforcement system raised through
conducting publicity and information
campaign for general public.
Result 3.2. Public relations in regard to
enforcement system enhanced through
establishment of the Croatian
enforcement web site and other modern
approaches to general public
interconnectivity and interoperability
between stakeholders within the
enforcement system prepared
Consultations with stakeholders in
relation to raising public awareness on
enforcement system conducted
Communication Plan on the
enforcement system (containing at
least two models for raising public
awareness about the enforcement
system) prepared
10 000 promotional leaflets on the
enforcement system for general public
designed and printed
1 000 booklets on the enforcement
system for general public designed
and printed
Public awareness raising implemented
through round tables in each county
(20) throughout the Republic of
Croatia and in City of Zagreb
Materials on the enforcement system
for publishing on the web site (in
English and Croatian) defined and
web site content prepared
Layout and structure of the web site
designed (as a part of the Ministry of
Justice web site)
Enforcement website set up
Working group defined and one round
table with the purpose of discussing
the content and features of IT
30
application to be developed organised
IT application for mobile operating
system (android/iOS based) developed
and delivered
Training for at least 2 employees of
the Ministry of Justice responsible for
maintenance, selection and publishing
of materials on the website conducted
Activities Means Specification of costs Assumptions
COMPONENT I – Strengthening
institutional and administrative
capacities of stakeholder institutions in
regard to the enforcement monitoring
system
1.1.1. Analysing the legal framework
(laws and bylaws regulating the
enforcement system in the
Republic of Croatia) and
preparing corresponding report.
1.1.2. Analysing the technical execution
(the overall process of
involuntary collection of claims
and problems which occur during
the procedure) of different types
of enforcement procedures
known by the Croatian
enforcement legislation and
preparing report containing
analysis results.
1.1.3. Preparing comparative overview
of enforcement monitoring
systems in two Member States
with similar features of
enforcement system as in
Republic of Croatia.
1.1.4. Organizing 4 regional round
tables for at least 20 participants
per round table (representatives
from the Ministry of Justice,
Chamber of public notaries,
FINA, Ministry of Finance and
Analysis
Consultations
Comparative overview
Round tables
1.600.000,00 EUR
Human resources for the project are assured
Commitment of the MoJ and the Directorate
for Civil, Commercial and Administrative
Law to engage in the project
31
County courts). Topics to be
covered are: results of the
analysis and overview prepared
through activities 1.1.1-1.1.3 and
suggestions for improvements.
1.1.5. Preparing recommendations for
improvement of the enforcement
monitoring system (with defined
monitoring indicators, evaluation
criteria and models of reports
regarding monitoring activities).
1.1.6. Drafting comprehensive and
detailed practical guidelines for
bailiffs’ processes designed for
all different types of object of
enforcement; printing and
disseminating at least 300
guidelines for bailiffs’ processes
to Ministry of Justice and
municipal courts.
1.2.1. Conducting training needs
analysis (TNA) on enforcement
monitoring system for the
employees of institutions
involved in monitoring of
enforcement (defined under
footnote no.2 and 3) and
preparing TNA report.
1.2.2. Preparing training programme
and training materials which will
be distributed on trainings
conducted under activity 1.2.3.
1.2.3. Organizing and conducting 4 in-
service trainings on the
enforcement monitoring system
for representatives of
stakeholders (at least 15
participants in total) defined
under footnote no. 2 and 3
(including at least 10 employees
of the Ministry of Justice).
Trainings should be based on the
Preparation of documentation
Analysis
Consultations
Trainings
32
recommendations for
improvement of the enforcement
monitoring system proposed
through activity 1.1.5.
1.3.1. Conducting training needs
analysis (TNA) for stakeholders
of the enforcement system taking
into consideration the jurisdiction
and scope of work of each
stakeholder and preparing TNA
report.
1.3.2. Preparing training curricula with
detailed training programme and
training materials for training of
stakeholders’ staff based on the
TNA report and preparing
training curricula with detailed
training programme and training
materials for the train-the-trainers
(ToT) seminars. Developed
materials should take into account
different roles of each stakeholder
in the enforcement system.
1.3.3. Conducting at least 12 seminars
for stakeholders (defined under
footnote no.6) based on their role
in the enforcement process (3
seminars in Zagreb, 2 seminars in
Split, per 1 seminar in Zadar,
Rijeka, Osijek, Varaždin, Sisak,
Pula and Slavonski Brod). In
total, trainings are to be
conducted for at least 80 judges,
160 judicial advisors, 100 bailiffs,
50 public notaries and 20
representatives from other
stakeholders. The main topic of
these seminars is the jurisdiction
of each stakeholder, occurring
implementation problems in the
enforcement process and ways to
improve efficiency of the
enforcement system.
Analysis
Preparation of documentation
Consultations
Seminars
33
1.3.4. Preparing and conducting at least
3 train-the-trainers (ToT)
seminars for at least 4
participants per seminar (future
trainers from stakeholders
defined under footnote no.6, with
special emphasis on future
training of judges, judicial
advisors and bailiffs).
COMPONENT II – Strengthening
inter-institutional cooperation of
stakeholders participating in the
enforcement system
2.1.1. Analysing communication
procedures and mechanisms for
information exchange between
relevant institutions (defined
under footnote no.6) in respect to
the enforcement system and
preparing analysis report.
2.1.2. Conducting comparative analysis
of the roles and responsibilities
(business processes and
information flow among the
parties) of the enforcement
system institutions in two
Member States analysed under
activity 1.1.3 and preparing
corresponding report highlighting
the best EU practices.
2.1.3. Organizing 4 regional round tables
for at least 20 participants per
round table (representatives from
stakeholders defined under
footnote no.6). The main topic of
the round table should be
discussion on solutions for
improvement of cooperation
between stakeholders
participating in the enforcement
system based on the outputs
Analysis
Consultations
Preparation of documentation
Round tables
34
produced under activity 2.1.1 and
2.1.2.
2.1.4. Preparing recommendations for
improvement of coordination and
communication mechanisms
between stakeholders within the
enforcement system, taking into
account legal framework and
monitoring responsibilities
proposed through result 1.1.
2.1.5. Establishing working group
(consisted of participants of
relevant institutions defined
under footnote no.6) and
preparing general information
flow protocol (business processes
for exchange of information
between stakeholders within the
enforcement system).
2.1.6. Preparing workshop materials
and organizing at least 4 regional
joint workshops for employees of
relevant institutions (at least 5
representatives per institution
defined under footnote no.6) with
the purpose to present to all
stakeholders business processes
related to implementation of
general information flow
protocol.
2.2.1. Preparing overview of at least
one EU Member State solution
(one of MSs analysed under
activity 1.1.3) in relation to IT
interoperability and
interconnectivity needed for
efficient enforcement system
(with recommendations of the
best practices).
2.2.2. Conducting screening of the IT
systems (analysis of IT structure
and business processes from IT
Consultations
Overview
Preparation of documentation
Analysis
35
aspect) regarding implementation
of the enforcement system in
stakeholders’ institutions and
relevant public administrative
bodies (especially, but not limited
to Croatian Institute for Health
Insurance and Croatian Institute
for Pension Insurance) and
preparing report with
recommendations on at least two
models which could be applied to
Croatian enforcement system.
2.2.3. Preparing cost benefit analysis of
enhancing IT interconnectivity
and interoperability in line with
the recommendations produced
through activity 2.2.2.
2.2.4. Preparing functional
specifications of the specific IT
solution for interconnectivity and
interoperability between
stakeholders within the
enforcement system (the
functional specifications will be
prepared for the best applicable
model in line with cost benefit
analysis results).
COMPONENT III – Raising public
awareness of the enforcement system
3.1.1. Conducting consultations with all
stakeholders (defined under
footnote no.6) in order to gather
useful information and proposals
about raising public awareness on
enforcement system.
3.1.2. Preparing detailed
Communication Plan about the
enforcement system based on
activity 3.1.1. The
Consultations
Preparation of documentation
Round tables
36
Communication Plan should
cover the following subjects to be
presented to the general public:
main features of enforcement
system in Republic of Croatia,
institutions involved and their
jurisdiction, protection of
enforcement parties through legal
remedies and main novelties in
the enforcement process. This
Communication Plan should
contain at least two models
(approaches) for raising public
awareness about the enforcement
system. The employees of
Directorate for civil, commercial
and administrative law and
Independent PR Service of the
Ministry of Justice will
participate in preparation of
models for raising public
awareness.
3.1.3. Designing and printing 10 000
promotional leaflets about the
enforcement system for general
public. The leaflets will be also
available in electronic form on
the enforcement website and the
paper version will be
disseminated to the general public
by relevant stakeholders (e.g. at
local offices and round tables
organised through activity 3.1.5).
3.1.4. Designing and printing 1000
booklets on enforcement system
for general public. The booklets
will be also available in
electronic form on the
enforcement website and the
paper version will be
disseminated to the general public
by relevant stakeholders (e.g. at
local offices and round tables
37
organised through activity 3.1.5).
3.1.5. Organizing round tables in each
Croatian county (20) and in City
of Zagreb with the purpose to
raise public awareness about the
enforcement system. The
participants of these roundtables
will be representatives from
stakeholders defined under
footnote no. 6 as well as the
representatives of interested
parties/non-governmental
institutions (e.g. consumer
organizations, debtor protection
organizations etc.). It is expected
that 50 participants will be
present at each organized round
table.
3.2.1. Defining materials regarding the
enforcement system for
publishing on the web site (in
English and Croatian) and
preparing the web site content
(textual and photo materials) in
electronic format on the basis of
the determined website purpose
and target groups.
3.2.2. Designing the layout and
structure of the web site (as a part
of the Ministry of Justice web
site).
3.2.3. Setting up the enforcement
website. The website should be
developed in a way to enable the
MoJ to independently update its
content in the future.
3.2.4. Defining working group and
organizing one round table for
participants from the determined
target groups with the purpose of
discussing the content and
Consultations
Preparation of documentation
Round table
Training
38
features of IT application to be
developed under activity 3.2.5.
3.2.5. Developing and delivering IT
application for mobile operating
system (android/iOS based).
3.2.6. Conducting training for at least 2
employees of the Ministry of
Justice responsible for
maintenance, selection and
publishing of relevant materials
on the website. The purpose of
this training is to educate
employees on PR approach when
addressing the general public in
certain delicate issues.
Preconditions:
Successful continuation of the reform process.
39
ANNEX 2: Detailed implementation chart
Improvement of
the Enforcement
system in the
Republic of
Croatia
2013
2014
2015
2016
Month J A S O N D J
F M A M J J A S O N D J F M A M J J A S O N D J F M
Twinning T T T T C C C C C A/I I I I I I I I I I I I I I I I I I I I I R R R
T – Call for proposals and evaluation
C – Contracting
A/I – Arrival of the RTA/ Start of the implementation of activities
I – Implementation of activities
R – Report
40
ANNEX 3: Contracting and disbursement schedule by quarter for full duration of programme (including disbursement period)
Improvement of the Enforcement system in
the Republic of Croatia
Cumulative contracting schedule by quarters in
EUR (provisional)
2014
I II III IV
Twinning 1.600.000,00
TOTAL (EUR): 1.600.000,00
Improvement of the
Enforcement system in
the Republic of Croatia
2014 2015 2016
I II III IV I II III IV I II
Twinning 731.428,57 708.571,43
160.000,00
TOTAL (EUR): 731.428,57 1.440.000,00
1.600.000,00
41
ANNEX 4: List of relevant Laws and Regulations
1. Enforcement Act (“Official Gazette”, 112/2012)
2. Act on enforcement over monetary assets (“Official Gazette”, 91/2010, 112/2012)
3. Regulation on the form and content of a debenture note (“Official Gazette”, 115/2012)
4. Regulation on the form and content of a blank debenture note (“Official Gazette, 115/2012)
5. Regulation on register of debenture notes and blank debenture notes (“Official Gazette, 115/2012)
6. Regulation on establishing the amount paid for liability insurance of public commission agents
(“Official Gazette”, 115/2012)
7. Regulation on the content and method of keeping a register of real estate and movable assets being
sold as part of the enforcement procedure (“Official Gazette”, 115/2012)
8. Regulation on the form and content of a request for direct payment (“Official Gazette”, 115/2012)
9. Regulation on the tariff of the compensation of costs and remuneration for performing the activity
of public commission agent (“Official Gazette”, 115/2012),
10. Regulation on the tariff of fees and compensation of costs of public notaries in the enforcement
procedure (“Official Gazette”, 114/2012)
11. Regulation on ways and procedures of conducting enforcement on monetary funds (“Official
Gazette”, 6/2013),
12. Regulation on conducting enforcement on bank monetary funds (“Official Gazette”, 6/2013)
13. Regulation on types and amounts of reimbursement for conducting activities stipulated by Act on
enforcement over monetary assets (“Official Gazette”, 105/2010, 124/2011, 52/2012 and 6/2013)
14. Regulation on technical conditions and adjustment procedure to the Act on enforcement over
monetary assets (“Official Gazette”, 96/2010, 130/2010, 99/2011 and 115/2012)
42
ANNEX 5: Organisation Chart of the MoJ Civil, Commercial and Adminsitrative Law Directorate
43
ANNEX 6: Statistics on enforcement cases 2011 - IQ 2013 (per type of dispute on municipal and
commercial courts)
Type of Court Type of a dispute
Number of
received cases
Number of
resolved cases
Number of cession by delegation
Number of pending
cases
Municipal court year 2011.
Enforcement on real estates 29.699 29.225 4 24.425
Enforcement on monetary claim 92.142 75.215 11 43.322
Enforcement on movable assets 23.479 34.959 14 33.613
Enforcement on securities 299 303 0 236
Enforcement on vessel/aircraft 58 50 0 62
Enforcement on motor vehicle 2.536 2.050 2 3.146
Other - Enforcement for payment of monetary claims 7.798 5.670 0 4.099
Enforcement complaint by a public notary (Ovrv) 4.692 13.217 2 3.498
Enforcement - family relationship/handing/taking away a child 172 146 0 183
Enforcement by divison of things 46 34 0 100
Enforcement to obtain a claim on performance, tolerance or non-performance
499 489 0 982
Enforcement for vacating and handover of immovable assets 1.068 1.048 0 1.625
Enforcement to return of an employee to work apropos service 119 98 0 175
Judicial penalties 41 43 0 32
Enforcement for handover and delivery of movable assets 36 35 0 66
Security by preliminary measures 183 177 0 80
Security forced by establishing of a lien on real estate 7.283 7.405 1 1.033
Security by interim measures 1.174 1.215 0 640
Security by a lien based on agreement of the parties 4 4 0 2
Security by transfer of ownership of property and transfer of rights
10 13 0 5
Security by preliminary enforcement 14 11 0 5
Other - Security 166 174 0 54
TOTAL 171.518 171.581 34 117.406
Municipal court year 2012.
Enforcement on real estates 20.200 17.092 644 27.753
Enforcement on monetary claim 95.917 101.444 12.174 29.012
Enforcement on movable assets 20.637 25.241 604 28.889
Enforcement on securities 129 140 1 242
Enforcement on vessel/aircraft 83 56 1 88
Enforcement on motor vehicle 2.554 2.240 66 3.526
Other - Enforcement for payment of monetary claims 17.204 18.634 52 2.741
Enforcement complaint by a public notary (Ovrv) 4.028 5.485 20 2.009
Enforcement - family relationship/handing/taking away a child 162 171 0 180
Enforcement by divison of things 55 58 2 97
Enforcement to obtain a claim on performance, tolerance or non-performance
428 466 1 955
Enforcement for vacating and handover of immovable assets 975 988 5 1.656
Enforcement to return of an employee to work apropos service 122 107 0 190
Judicial penalties 32 30 1 34
Enforcement for handover and delivery of movable assets 56 39 3 79
44
Security by preliminary measures 176 187 6 66
Security forced by establishing of a lien on real estate 7.434 7.353 4 1.185
Security by interim measures 962 1.057 15 565
Security by a lien based on agreement of the parties 5 4 0 3
Security by transfer of ownership of property and transfer of rights
9 6 0 10
Security by preliminary enforcement 14 17 0 2
Other - Security 154 160 2 48
TOTAL 171.336 180.975 13.601 99.353
Municipal court 1. quarter of
2013.
Enforcement on real estates 4.446 4.488 21 28.071
Enforcement on monetary claim 19.086 23.607 1.018 24.773
Enforcement on movable assets 4.141 6.600 18 26.605
Enforcement on securities 67 68 0 247
Enforcement on vessel/aircraft 9 15 0 82
Enforcement on motor vehicle 729 766 1 3.528
Other - Enforcement for payment of monetary claims 2.680 2.691 0 2.752
Enforcement complaint by a public notary (Ovrv) 1.012 1.280 1 1.785
Enforcement - family relationship/handing/taking away a child 48 58 0 170
Enforcement by divison of things 11 17 0 91
Enforcement to obtain a claim on performance, tolerance or non-performance
115 168 0 912
Enforcement for vacating and handover of immovable assets 291 357 0 1.607
Enforcement to return of an employee to work apropos service 35 34 0 190
Judicial penalties 13 10 0 37
Enforcement for handover and delivery of movable assets 18 19 0 79
Security by preliminary measures 78 66 0 79
Security forced by establishing of a lien on real estate 2.093 2.177 2 1.123
Security by interim measures 237 301 3 501
Security by a lien based on agreement of the parties 2 2 0 3
Security by transfer of ownership of property and transfer of rights
3 3 0 10
Security by preliminary enforcement 7 4 0 5
Other - Security 46 38 1 58
TOTAL 35.167 42.769 1.065 92.729
Commercial court year 2011.
Enforcement on real estate 1.145 1.151 0 365
Enforcement on movable assets(except motor vehicles, vessels and aircrafts)
4.673 4.798 0 4.418
Enforcement on motor vehicles 1.389 1.278 0 877
Enforcement on vessel 105 93 0 30
Enforcement on aircraft 4 2 0 2
Enforcement on monetary claims 9.524 10.233 1 1.764
Enforcement on securities, business shares and stocks 125 101 0 55
Enforcement for vacating and handover of immovable assets 15 13 0 8
Enforcement for realization of claim on action, tolerance or refrainment from an action
2 2 0 1
Enforcement to return of an employee to work or service 4 4 0 0
Enforcement for handover and delivery of movable assets 17 10 0 11
Procedures by objects received from public notary 656 661 0 41
45
Enforcement for execution of punishment through Tax Administration
3 3 0 0
Enforcement by temporary attachment 183 279 0 50
Enforcement by providing judicial penalties 7 5 0 4
Preliminary enforcement 13 9 0 8
Enforcement - other 923 1.900 0 1.085
TOTAL 18.788 20.542 1 8.719
Commercial court year 2012.
Enforcement on real estate 1.062 1.276 0 216
Enforcement on movable assets(except motor vehicles, vessels and aircrafts)
4.019 4.897 0 3.710
Enforcement on motor vehicles 1.137 1.237 0 822
Enforcement on vessel 79 88 0 23
Enforcement on aircraft 6 4 0 4
Enforcement on monetary claims 7.011 8.051 0 1.035
Enforcement on securities, business shares and stocks 93 112 0 38
Enforcement for vacating and handover of immovable assets 20 21 0 7
Enforcement for realization of claim on action, tolerance or refrainment from an action
2 3 0 0
Enforcement to return of an employee to work or service
Enforcement for handover and delivery of movable assets 9 15 0 6
Procedures by objects received from public notary 290 309 0 20
Enforcement for execution of punishment through Tax Administration
0 0 0
Enforcement by temporary attachment 9 41 0 19
Enforcement by providing judicial penalties 5 8 0 1
Preliminary enforcement 3 7 0 4
Enforcement - other 412 989 0 534
TOTAL 14.157 17.058 0 6.439
Commercial court I. quarter
2013.
Enforcement on real estate 77 159 0 146
Enforcement on movable assets(except motor vehicles, vessels and aircrafts)
185 779 0 3.155
Enforcement on motor vehicles 47 176 0 706
Enforcement on vessel 21 31 0 15
Enforcement on aircraft 1 2 0 3
Enforcement on monetary claims 593 1.053 0 668
Enforcement on securities, business shares and stocks 20 24 0 36
Enforcement for vacating and handover of immovable assets 3 4 0 6
Enforcement for realization of claim on action, tolerance or refrainment from an action
Enforcement to return of an employee to work or service
Enforcement for handover and delivery of movable assets 3 2 0 7
Procedures by objects received from public notary 30 37 0 18
Enforcement for execution of punishment through Tax Administration
Enforcement by temporary attachment 2 7 0 14
Enforcement by providing judicial penalties 0 0 0 1
Preliminary enforcement 0 0 0 4
Enforcement - other 71 179 0 437
TOTAL 1.053 2.453 0 5.216