Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters supports extension of the effects of EU decisions as a means to grant them identical scope within the whole European judicial space. Complete fulfilment of such a task, however, is hindered by residual margins of sovereignty. Notwithstanding growing convergence between the legal systems of European Union (EU) Member States and corresponding public order issues, in fact, conflicts may nevertheless survive due to the limits of preventive procedural devices nested in rules governing lis pendens and related actions, differences in the operation of res judicata, variations of systems of recognition of non-EU judgments and even hidden equitable considerations. A European federal judiciary with jurisdiction on the merits would be needed to significantly enhance achievement of the aim of granting the winning party the same benefits throughout the Union.

Grounds for Refusal of Recognition of Foreign Judgments: Developments and Perspectives in EU Member States regarding Public Order and Conflicting Decisions

A. Giussani
2020

Abstract

Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters supports extension of the effects of EU decisions as a means to grant them identical scope within the whole European judicial space. Complete fulfilment of such a task, however, is hindered by residual margins of sovereignty. Notwithstanding growing convergence between the legal systems of European Union (EU) Member States and corresponding public order issues, in fact, conflicts may nevertheless survive due to the limits of preventive procedural devices nested in rules governing lis pendens and related actions, differences in the operation of res judicata, variations of systems of recognition of non-EU judgments and even hidden equitable considerations. A European federal judiciary with jurisdiction on the merits would be needed to significantly enhance achievement of the aim of granting the winning party the same benefits throughout the Union.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11576/2678339
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