Cross-Border Enforcement in the EU: Mutual Trust Versus Fair Trial? Towards Principles of European Civil Procedure

International Journal of Procedural Law, Vol. 2, pp. 202-230, 2011

20 Pages Posted: 31 Jan 2012

See all articles by Xandra E. Kramer

Xandra E. Kramer

Erasmus University Rotterdam (EUR) - Erasmus School of Law; Utrecht University - Faculty of Law

Date Written: September 30, 2011

Abstract

The key question in this contribution is whether further harmonisation of civil procedure in the European Union is required as a consequence of the policy aim to fully abolish the exequatur, most notably within the context of the Brussels I Regulation. Where cross-border litigation is traditionally resolved by private international law instruments, the abolition of the requirement of the exequatur as a new standard for cross-border enforcement in the EU necessitates a deliberation on harmonisation of certain elements of national civil procedure. The abolition of exequatur underlies the premise of mutual trust. However, without clear EU rules as to what constitutes a fair trial, mutual trust may be little more than a hollow phrase. This contribution addresses the current policy and regulatory framework regarding cross-border enforcement of judgments and the concepts of mutual trust and fair trial, and deliberates the type of harmonised rules that are required to facilitate and legitimise the abolition of exequatur in in order to enhance cross-border litigation.

Keywords: Cross-border enforcement, harmonisation of civil procedure, abolition exequatur, fair trial

JEL Classification: K19, K40, K41, K42

Suggested Citation

Kramer, Xandra E. and Kramer, Xandra E., Cross-Border Enforcement in the EU: Mutual Trust Versus Fair Trial? Towards Principles of European Civil Procedure (September 30, 2011). International Journal of Procedural Law, Vol. 2, pp. 202-230, 2011, Available at SSRN: https://ssrn.com/abstract=1995682

Xandra E. Kramer (Contact Author)

Utrecht University - Faculty of Law ( email )

Janskerkhof 3
Utrecht, 3512 BK
Netherlands

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

3000 DR Rotterdam
Netherlands

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