resolution,33 in the preparation of which a Green Paper has been published, and for a European Extra-judicial Network, supporting the well-functioning of extra-judicial conflict resolution 34 3.3 Harmonisation of European civil procedure Almost a century after the first of the Hague Conventions on Civil Procedure, Conventions that were aimed at regulating legal service between contracting states, the European Union has incorporated most of these subjects in specific legal instruments. 6 The EU decision not to accede to the Hague Conventions but to legislate these subjects independently originated from the desire for more effectiveness and more efficiency in order to achieve flexible judicial cooperation and open access to the courts so that commerce within the internal market is improved. These aims are, accord ing to the Community, easier to realise between a restricted number of states within a restricted territory than in a world wide setting between many states which are primarily concerned with their sovereign power. The desired simplification and acceleration of procedure had not been realised in the Hague Service Convention of 1965, not even within Europe. For that reason, in 1993 the Netherlands initiated deliberations in the European Union on a convention which would provide, between the Member States, a simple and speedy system of service of documents in civil and commercial matters. The European Convention on the service of documents was concluded in 1997 but never entered into force The European Convention on the service of documents of 1997 was, as far as its substance is concemed, based on the Hague Service Convention. Its starting point was a clear and reciprocal trust in each other's system of the attribution of justice. Simplicity and speed were to be realised by replacing the Hague Convention system of service through central authorities by a system of direct service via decentralised bodies comparable to the domestic system of serving. A novelty is the way in which the date of service is determined. The fundamental differences in the systems of service of documents within the Union required a uniform system. 37 Some states' national laws of civil procedure fix the date of service in international cases at the date of real service. while the laws of other states fix it at the date of the delivery of the document to the public prosecutor. In the European Service Regulation Green Paper COM(2002)196 def., 19 April 2002 Working Paper of the Commission on the establishment of a European Extrajudicial Network 35 This section will examine only the European Regulations. Only regulations have direct effect and ma therefore result in harmonisation. Directives, however, need to be implemented, leaving a certain margin oray discretion to the national legislatures, which is why their harmonising effect may be minimal The Hague Convention relating to Civil Procedure of 1954 includes the subjects ()service of writs and extrajudicialdocuments, (n) letters rogatory, (lll) security for costs and penalties by foreign plaintiffs(cautio udicatum solvi),(V) free legal aid, (V) free issue of extracts from registers of births, marriages and deaths and VI)imprisonment for debt(currently regulated in the Service of Documents Regulation and the Taking of Evidence Regulation) M. Freudenthal, Europese verordening inzake de betekeningen kennisgeving van stukken, NIPR 20017 resolution,33 in the preparation of which a Green Paper has been published, and for a European Extra-judicial Network, supporting the well-functioning of extra-judicial conflict resolution.34 3.3 Harmonisation of European civil procedure35 Almost a century after the first of the Hague Conventions on Civil Procedure, Conventions that were aimed at regulating legal service between contracting states, the European Union has incorporated most of these subjects in specific legal instruments.36 The EU decision not to accede to the Hague Conventions but to legislate these subjects independently originated from the desire for more effectiveness and more efficiency in order to achieve flexible judicial cooperation and open access to the courts so that commerce within the internal market is improved. These aims are, according to the Community, easier to realise between a restricted number of states within a restricted territory than in a worldwide setting between many states which are primarily concerned with their sovereign power. The desired simplification and acceleration of procedure had not been realised in the Hague Service Convention of 1965, not even within Europe. For that reason, in 1993 the Netherlands initiated deliberations in the European Union on a convention which would provide, between the Member States, a simple and speedy system of service of documents in civil and commercial matters. The European Convention on the service of documents was concluded in 1997 but never entered into force. The European Convention on the service of documents of 1997 was, as far as its substance is concerned, based on the Hague Service Convention. Its starting point was a clear and reciprocal trust in each other’s system of the attribution of justice. Simplicity and speed were to be realised by replacing the Hague Convention system of service through central authorities by a system of direct service via decentralised bodies comparable to the domestic system of serving. A novelty is the way in which the date of service is determined. The fundamental differences in the systems of service of documents within the Union required a uniform system.37 Some states’ national laws of civil procedure fix the date of service in international cases at the date of real service, while the laws of other states fix it at the date of the delivery of the document to the public prosecutor. In the European Service Regulation, 33 Green Paper COM(2002) 196 def., 19 April 2002. 34 Working Paper of the Commission on the establishment of a European Extrajudicial Network, http://europa.eu.int/scadplus/leg/. 35 This section will examine only the European Regulations. Only regulations have direct effect and may therefore result in harmonisation. Directives, however, need to be implemented, leaving a certain margin of discretion to the national legislatures, which is why their harmonising effect may be minimal. 36 The Hague Convention relating to Civil Procedure of 1954 includes the subjects (I) service of writs and extrajudicial documents, (II) letters rogatory, (III) security for costs and penalties by foreign plaintiffs (cautio judicatum solvi), (IV) free legal aid, (V) free issue of extracts from registers of births, marriages and deaths and (VI) imprisonment for debt (currently regulated in the Service of Documents Regulation and the Taking of Evidence Regulation). 37 M. Freudenthal, Europese verordening inzake de betekening en kennisgeving van stukken, NIPR 2001, pp. 3-14