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
Date Written: October 15, 2011
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: Suggested Citation