Abolition of Exequatur - Addressing the Commission's Concerns

24 Pages Posted: 14 Oct 2010 Last revised: 17 Oct 2010

See all articles by Gilles Cuniberti

Gilles Cuniberti

University of Luxembourg; Universite du Luxembourg - Faculty of Law, Economics and Finance

Isabelle Rueda

University of Exeter - School of Law

Date Written: October 12, 2010

Abstract

After the European Council called for the reduction of intermediate measures necessary for the enforcement of judgments, the European Commission has initiated a process of gradual abolition of exequatur in the European Union. The exequatur procedure, however, serves the important purpose of preventing the enforcement of foreign judgments made in violation of human rights. Along with many other critiques of the project, this Article argues that existing mechanisms sanctioning human rights violations do not serve the same purpose, and that the new remedies forged by the Commission do not afford the same level of protection. However, unlike many other critiques, the Article argues that the concerns articulated by the European lawmaker with regard to the traditional exequatur procedure should not be ignored and could be addressed by reforming exequatur in a less radical way.

Keywords: Foreign judgments, Exequatur, Enforcement, Public policy, Human rights

Suggested Citation

Cuniberti, Gilles and Rueda, Isabelle, Abolition of Exequatur - Addressing the Commission's Concerns (October 12, 2010). University of Luxembourg Law Working Paper No. 2010-03. Available at SSRN: https://ssrn.com/abstract=1691001 or http://dx.doi.org/10.2139/ssrn.1691001

Gilles Cuniberti (Contact Author)

University of Luxembourg ( email )

Faculté de Droit
4, rue Alphonse Weicker
Luxembourg, 2721
Luxembourg

Universite du Luxembourg - Faculty of Law, Economics and Finance ( email )

4 rue Alphonse Weicker
Luxembourg, L-2721
Luxembourg

Isabelle Rueda

University of Exeter - School of Law ( email )

Streatham Court
University of Exeter
Exeter, EX4 4QJ
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
769
Abstract Views
2,833
rank
30,996
PlumX Metrics