The Abolition of Foreign Judgments, Judicial Agreements and Authentic Acts’ Exequatur in the European Union  Cover Image
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Отпадане на екзекватурата на чужди съдебни решения, според спогодби и автентични документи в ЕС
The Abolition of Foreign Judgments, Judicial Agreements and Authentic Acts’ Exequatur in the European Union

Author(s): Vassil Pandov
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: INTERNATIONAL PRIVATE LAW // The free movement of court judgments, authentic acts and court settlements based on the mutual trust between member states’ authorities has been one of the key concepts of European Union International Private Law. Ten years after the enactment of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters the European Commission announced its heatedly debated proposal for a new Regulation which practically abolished exequatur. Although the Commission has followed the well anticipated path, the proposal seeks a balance undoubtedly under the influence of the European Parliament’s position on the safeguards which accompany the abolition of exequatur. Thus, the “automatic recognition and enforcement” as it was formulated by the Tampere Resolution of the European Council is to become reality leading to changes in traditional legal reasoning of the extraterritorial effect of foreign acts.

  • Issue Year: LII/2011
  • Issue No: 2
  • Page Range: 50-63
  • Page Count: 14
  • Language: Bulgarian