Abolition of Exequatur Under the Brussels I Regulation: Effecting and Protecting Rights in the European Judicial Area

Nederlands Internationaal Privaatrecht (NIPR), Vol. 4, p. 633, 2011

16 Pages Posted: 24 Dec 2011

See all articles by Xandra E. Kramer

Xandra E. Kramer

Erasmus University Rotterdam (EUR), Erasmus School of Law; Utrecht University School of Law

Date Written: October 15, 2011

Abstract

As a consequence of the policy to gradually abolish the exequatur in the EU, the Commission proposal on the Recast of Brussels I envisages the abolition of intermediate proceedings. In line with previous instruments that abolish the exequatur for specific matters or in relation to specific proceedings, the proposal at the same time intends to abolish most grounds to challenge the enforcement. It is submitted that recent instruments and proposals in the area of European civil procedure, including the Brussels I proposal, primarily focus on obtaining and effecting rights by the claimant, sometimes at the expense of the protection of the right to effectively defend oneself. As a way forward, it is viable to abolish the formality of the ex ante declaration of enforceability, while retaining the grounds to challenge the enforcement in the Member State of enforcement.

Keywords: abolition exequatur, Brussels I, cross-border enforcement, European judicial area

JEL Classification: K12, K19, K41

Suggested Citation

Kramer, Xandra E., Abolition of Exequatur Under the Brussels I Regulation: Effecting and Protecting Rights in the European Judicial Area (October 15, 2011). Nederlands Internationaal Privaatrecht (NIPR), Vol. 4, p. 633, 2011. Available at SSRN: https://ssrn.com/abstract=1976276

Xandra E. Kramer (Contact Author)

Erasmus University Rotterdam (EUR), Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

Utrecht University School of Law ( email )

Janskerkhof 3
Utrecht, 3512 BK
Netherlands

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