A Decade of the Global Code of Enforcement

An Overview of its Fundamental Principles, Actors and Provisions

Abstract

Contemporary society is increasingly characterised as an educational society, in which the level of institutional and cultural development is closely interdependent with the effectiveness of the legal system. In this context, both state authorities and supranational entities, particularly those operating within economic communities, emphasise the existence of a clear correlation between a society’s level of legal, economic, and cultural development and the viability of the judicial system it promotes and consolidates. In terms of enforcement proceedings, we have previously highlighted the necessity for these to be designed and implemented in a manner that is simple, efficient, and predictable, both in the interest of the state and that of its citizens or investors, with a view to ensuring a favourable climate for investment protection and the conduct of economic activities. Over time, in support of these objectives, the International Union of Judicial Officers has initiated and contributed to the development of several normative instruments closely related to the status of judicial officers or enforcement agents, as well as to the regulation of enforcement procedures. As such, the Global Code of Enforcement represents a relevant example of such normative initiatives. Accordingly, the present study seeks to highlight both the structure and the justification of this initiative, while analysing its potential impact on the status of judicial officers or enforcement agents, as well as on the procedural framework governing enforcement proceedings.