Recunoaşterea și executarea hotărârilor judecătoreşti străine în baza Regulamentului (CE) nr. 44/2001
Recognition and enforcement of foreign judgements under (EC) Regulation no. 44/2001
Subject(s): International Law
Published by: Editura Hamangiu S.R.L.
Keywords: foreign judgement; recognition; executory; principle of automatic recognition procedure for declaration of recognition / enforcement; the effects of recognition; appeal; suspension;
Summary/Abstract: Recognition and enforcement of judgements in civil and commercial matters in the European Union are covered by (EC) Regulation no. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters ("Brussels I" ) . The requirements are based on mutual trust in the administration of justice in the Community, and justifies the need for recognition of right judgements given in a Member State without the need of another procedure, excepting litigations. Under the same principle of mutual trust, the procedure under which a judgement given in a Member State is enforceable in another Member State, must be efficient and rapid. In this respect, the declaration of enforceability of a judgement must be issued automatically after simply formal checks of the documents supplied, and the court should not invoke ex officio one of the grounds for non-enforcement provisioned in the Regulation.
- Issue Year: II/2014
- Issue No: II
- Page Range: 675-683
- Page Count: 9
- Language: Romanian