romanian english

Carmen Tamara UNGUREANU: Application of European regulations in private law. Recognition and enforcement of judgments

Abstract: The recognition and enforcement of judgments in the Private Law of the European Union are governed by two basic Regulations: Regulation no. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I) and Regulation no. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels II). When a Romanian court is seised with a request concerning recognition and/or enforcement of a foreign judgment, pronounced in a Member State of the European Union, the court will apply the provisions from those two Regulations, if the judgment falls within their scope. In the framework of the Brussels I Regulation, judgments pronounced in a Member State produce effects in another Member State taking into account their international conformity. A judgment given in a Member State is to be recognized in the other Member States without any special procedure being required. A judgment enforceable in the Member State in which was given, is to be enforced in another Member State when, on the demand of any interested party, it has been declared enforceable there, through a simplified exequatur procedure. In the framework of the Brussels II Regulation, a judgment relating to matrimonial matters given in a Member State is to be recognized in the other Member States without any special procedure being required, because the recognition englobes the modification of civil status acts. A judgment on the exercise of parental responsibility in respect of a child given in a Member State which is enforceable in that Member State and has been served shall be enforced in another Member State when, on the application of any interested party, it has been declared enforceable there. The rights of access granted in an enforceable judgment given in a Member State are recognized and enforceable in another Member State without being necessary a declaration of enforceability, if the judgment has been certified in the Member State of origin. The dispositions from the two Regulations, Brussels I and Brussels II, provide a more simplified enforcement of judgments, compared to the one from the Romanian Law. 

Keywords: European Regulation, Brussels I, Brussels II, matrimonial matter, parental responsibility, jurisdiction, recognition, enforcement


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B-dul Carol I nr. 11, cod 700506, IAŞI
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