| Abstract [eng] |
Exequatur Refusal in the EU Civil Procedure as a Guarantor of Free movement of Judgments. The procedure of exequatur, that is combined of the recognition of a court decision, authorisation of execution issuing and execution, has been applied for a long time in order to execute a court decision in other member state than the court decision was made in. As the number of litigations with an international element is increasing, the litigations become more complex due to the progressively changing and evolving world. By aiming to ensure a proper functioning of the internal market, the European Community has set itself a target to create a zone of the security of freedom and justice based on mutual trust, to increase international trust as well as decrease international litigation. The bureaucratic application of exequatur has proved to be outdated, causing more damage than use to the member states. In aiming to strengthen legal certainty, cherish a more effective and faster execution of justice, the application of exequatur was abolished in case of executing a court decision made in another member state. The abolition of exequatur determined the passing of the new law, as well as an already existing amendment by implementing certain adjustments. The current practice of regulating the execution of a court decision in other member state than the decision was made in practice shows that the current model of court decision after the abolition of exequatur has drawbacks. The latter creates obstacles for a free court decision movement due to the remaining formal procedures. In reality the current model of the abolition of exequatur did not meet the targets set. The legislators gradually continue to encourage partnership between member states, herby fostering their trust by rejecting the formal procedures appointed to the execution of court decisions, which in practice block the free circulation of court decisions within the EU. |
