The Abolition of Exequatur in the Proposal for the Review of the Brussels I Regulation

被引：0

作者：

Skerl, Jerca Kramberger ^{[1
]}

机构：

[1] Univ Ljubljana, Fac Law, Ljubljana 1000, Slovenia

来源：

CROSS-BORDER CIVIL PROCEEDINGS IN THE EU | 2012年

关键词：

Exequatur; enforcement of foreign judgments; recognition of foreign judgments; cross-border enforcement; Brussels I Regulation; Regulation No. 44/2001; review of Brussels I Regulation; foreign judgments; judgments from other Member States; PUBLIC-POLICY;

D O I：

暂无

中图分类号：

D81 [国际关系];

学科分类号：

030207 ;

摘要：

The paper discusses the European Commission's proposal of December 2010 for the abolition of the exequatur procedure in the Brussels I Regulation. The comparison between the currently applicable and the proposed new wording shows that the abolition of exequatur does not encompass the abolition of (all) grounds for refusal of enforcement in other Member States. The author analyses the differences between the current and the proposed text of the Regulation regarding the available legal remedies, as well as the grounds for refusal of enforcement that can be invoked by these remedies. Special attention is drawn to the difficult relationship between the minimizing of the obstacles to the "free movement of judgments" and the protection of human rights in cross-border enforcement.

引用

页码：127 / 151

页数：25

共 11 条

[1] Abolition of Exequatur in Brussels Ia Regulation - New Challenges for the National Judge (Croatia)
Poretti, Paula
LEXONOMICA, 2016, 8 (01): : 13 - 28
[2] The Brussels I Regulation and the Cyprus problem before the Court of Justice: Comment on Apostolides v Orams
Meidanis, Haris P.
EUROPEAN LAW REVIEW, 2009, 34 (06) : 963 - 975
[3] The enforcement of foreign judgments under Brussels I bis: false alarms and real concerns
Hovaguimian, Philippe
JOURNAL OF PRIVATE INTERNATIONAL LAW, 2015, 11 (02) : 212 - 251
[4] THE CROSS-BORDER ENFORCEMENT OF COURT SETTLEMENTS WITHIN BRUSSELS IA REGULATION: FROM A EUROPEAN AND AN AUSTRIAN PERSPECTIVE
Anzenberger, Philipp
LEXONOMICA, 2020, 12 (02): : 149 - 161
[5] Characteristics of Austrian Remedies against Enforcement and a General Analysis of their Suitability for Achieving the Objectives of Brussels I Recast
Nunner-Krautgasser, Bettina
LEXONOMICA, 2016, 8 (01): : 1 - 12
[6] Is specific jurisdiction dead and did we murder it? An appraisal of the Brussels Ia Regulation in the globalizing context of the HCCH 2019 Judgments Convention
Poesen, Michiel
UNIFORM LAW REVIEW, 2021, 26 (01) : 1 - 13
[7] Recognition and enforcement of judgments in civil and commercial matters in the Brussels I Recast and some lessons from it and the recent Hague Conventions for the Hague Judgments Project
Beaumont, Paul
Walker, Lara
JOURNAL OF PRIVATE INTERNATIONAL LAW, 2015, 11 (01) : 31 - 63
[8] Proposal for smoke-free public housing: a systematic review of attitudes and preferences from residents of multi-unit housing
Panagis Galiatsatos
Rachelle Koehl
Christine Caufield-Noll
Emily Brigham
Frank T. Leone
Michelle Eakin
Nadia N. Hansel
Cynthia Rand
Meredith McCormack
Journal of Public Health Policy, 2020, 41 : 496 - 514
[9] Proposal for smoke-free public housing: a systematic review of attitudes and preferences from residents of multi-unit housing
Galiatsatos, Panagis
Koehl, Rachelle
Caufield-Noll, Christine
Brigham, Emily
Leone, Frank T.
Eakin, Michelle
Hansel, Nadia N.
Rand, Cynthia
McCormack, Meredith
JOURNAL OF PUBLIC HEALTH POLICY, 2020, 41 (04) : 496 - 514
[10] Shaping Corporate Actions Through Targeted Transparency Regulation: A Framework and Review of Extant Evidence
Hombach, Katharina
Sellhorn, Thorsten
SCHMALENBACH BUSINESS REVIEW, 2019, 71 (02) : 137 - 168

← 1 2 →