Open this publication in new window or tab >>2023 (English)In: Diversity of Enforcement Titles in the EU / [ed] Vesna Rijavec; Wendy Kennett; Tomaž Keresteš; Tjaša Ivanc, Cham: Springer, 2023, p. 85-100Chapter in book (Other academic)
Abstract [en]
The purpose of this chapter is to form a ‘European classification’ of judgments by highlighting and evaluating certain types of judgments in civil and commercial matters issued in some EU Member States, according to different criteria. The aspiration is to reveal differences and similarities concerning the different criteria and to relate them to Brussels I bis Regulation. The criteria identified as significant are: (1) The title and contents of a decision. (2) The basis of a decision. (3) Decision makers and procedural stages. (4) Effects of judgments. The definition of a judgment is EU autonomous and has its own meaning common to all Member States, irrespective of definitions in national laws. The concept has a wide meaning. However, the exemption concerning court settlements is identified as problematic. The concept court is also EU autonomous. Besides ‘regular’ courts, the concept may also include other adjudicatory authorities. Within the framework of a national legal system, a judgment may have different effects, i.e. res judicata effect. Recognition under Brussels I bis Regulation means that the judgment produces effects in the whole EU. In practice the so-called doctrine of extension means that a national court may have to investigate the doctrine of res judicata according to the law of the Member State of origin. What is most striking about the results are the many similarities, not the discrepancies. There is a high degree of consistency between the identified factors in different countries. Further, there is reason to believe that much of what appears as peculiarities actually has its counterparts. The report ends with five conclusions, in brief: (1) The contents and effects of a decision or judgment, not how it is labelled, are significant for the circulation of judgments under Brussels I bis Regulation. (2) It could be argued that it would have been more accurate if Brussels I bis Regulation referred to the all-inclusive expression ‘decision’ instead of ‘judgment’. (3) The EU legislator should consider including court settlements in the concept of judgment in Brussels I bis Regulation. (4) The doctrine of extension is too complicated in practice. (5) True mutual trust needs to be furthered in the EU and its Member States.
Place, publisher, year, edition, pages
Cham: Springer, 2023
Series
Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT), ISSN 1534-6781, E-ISSN 2214-9902 ; 111
Keywords
Domar, EU, Bryssel I-förordningen
National Category
Law (excluding Law and Society)
Research subject
Procedural Law; Private International Law; European (Integration) Law
Identifiers
urn:nbn:se:uu:diva-519673 (URN)10.1007/978-3-031-47108-7_3 (DOI)978-3-031-47107-0 (ISBN)978-3-031-47108-7 (ISBN)978-3-031-47110-0 (ISBN)
Funder
European Commission, 831628
Note
Parts of this chapter contain conclusions from a book in Swedish by Marie Linton (2023) Erkännande och verkställighet av utländska domar i förmögenhetsrätt [Recognition and Enforcement of Foreign Judgments in Private and Commercial Matters], Norstedt Juridik, Stockholm.
2024-01-092024-01-092024-03-21Bibliographically approved