The Status of Recognition and Enforcement of Judgements in the European Union

Michael Larobina () and Richard Pate ()
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Michael Larobina: John F. Welch College of Business, Sacred Heart University
Richard Pate: John F. Welch College of Business, Sacred Heart University

No 2011001, Working Papers from Sacred Heart University, John F. Welch College of Business

Abstract: With cross-border trade and the free movement of people inevitably legal disputes follow. Businesses and individuals need the assurance that a venue for the resolution of legal disputes is available. Not only must there be a reliable judicial system for the resolution of those disputes, but also a means of enforcing judgments. Enforcement of civil judgments within one country can present challenges, enforcement of civil judgments cross-border can present even bigger challenges. With this in mind the European Union has addressed the issue to allow for greater free movement of civil judgments across the Union. This is an important legal step that will enhance and promote cross-border trade and the free movement of people within the Union. This paper will examine a brief history of civil and commercial judgment enforcement in the Union, significant case law and the deficiencies in the law within the Union. Lastly, the newest proposals from European Commission under consideration in 2011 will be examined to address those deficiencies.

Keywords: European Community; Regulation; judgment; recognition; enforcement (search for similar items in EconPapers)
JEL-codes: K20 K40 (search for similar items in EconPapers)
Pages: 24 pages
Date: 2011-04
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