Exploring the Legal Requirements for Cross Border Judicial Cooperation: The Case of the Service of Documents

This paper investigates the service process based on the structure of transmitting and receiving agencies, with the aim to provide an overview of the main features characterizing this system of collaboration and how it is meant to function in practice. In particular, along with the analysis of the relevant provisions, the workflow of this method of transmission will be outlined, so as to make clear the steps to be taken to perform the service. The results of recent survey-based researches and qualitative studies carried out over the last years are taken into consideration, in order to provide an overview of the main problems hindering the smooth functioning of this procedure, often arising from differences in domestic legal tradition as well as from the interpretation of the legal requirements set by the Regulation by the actors involved