Aspecte teoretice privind recunoaşterea si executarea hotărârilor judecătoreşti in lumina prevederilor Regulamentului nr. 44/2001 privind competenţa, recunoaşterea şi executarea hotărârilor în materie civilă şi comercială
Theoretical aspects regarding the recognition and enforcement of judgments in the light of the provisions of Regulation no. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

Summary/Abstract: An important role in simplifying the formalities for the recognition and enforcement of judicial decisions has been played by the adoption at Community level of Regulation EC No.44 / 2001 on the jurisdiction, recognition and enforcement of decisions in civil and commercial matters which enshrines the principle of the recognition as of right of judicial decisions pronounced in the Member States of the European Union.This simplification, in a first step, will be used for the elimination of the exequatur procedure. The ultimate goal is, in fact, the creation of a unitary European legal area in which the free movement of decisions is integrated (see below). This will materialize when all decisions will circulate without the need to recognize them beforehand in the executing State. The total renunciation of the exequatur procedure will constitute the realization of the "country of origin principle" in the circulation of decisions. On the other hand, we can not give up concretely the verification of the minimal materials and processual standards, as well as the control of the international competence that after these will be carried out, respectively uniformized, in all the Member States, which supposes a harmonization of private and procedural law.

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