Free movement of judgements within the EU: abolishment of the exequatur and reform of the grounds of refusal to enforce?

Viac o knihe

On 14 December 2010, the European Commission proposed amendments to the Regulation 44/2001 (´Brussels I´), a key instrument in European international civil procedure. With the increasing importance of cross-border recognition and enforcement of judgments within the EU, the proposal aims to enhance the free movement of judgments by abolishing the exequatur process, which is currently necessary for obtaining a declaration of enforceability in the Member State of enforcement. This dissertation analyzes the implications of this abolishment and the proposed reforms to existing defenses. It begins with an overview of the Proposal and its principles, followed by a brief presentation of the cross-border enforcement regimes under Brussels I and the new Proposal. The discussion critically evaluates the rationale behind abolishing the exequatur and its functional significance, concluding with the implications for existing defenses. The third chapter delves into the reform of defenses, assessing whether the Proposal adequately protects rights and adheres to the principle of mutual recognition, with a focus on the ordre public defense and its implications for fundamental rights. Throughout the paper, suggestions for amending the Commission's Proposal are presented and summarized in the conclusion.