The Remedies and Recourses in European Civil Procedure after the Intended Abolition of the Exequatur

Abstract

The European legislature has started building a framework for European civil procedure virtually in every field of private law. The current trend in the legislation is the abolition of the exequatur and direct enforceability of foreign titles. The abolition of exequatur and direct enforcement of foreign judicial decisions are opening questions of compatibility with standards of protection of fundamental rights. They are per se not incompatible with the ECHR. Where the debtor gets the same degree of guarantee of his rights of defence in the enforcement proceedings as he would in the exequatur, the exequatur plainly starts being an obstacle to effective administration of justice. The article then examines the possibility of lodging remedies under the new regime of “abolished” exequatur.