www.ciela.net
Author
Annotation
This paper examines the recognition and enforcement of judgments given in other Member States of the European Union pursuant to Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The primary objective of the Regulation is to facilitate judicial cooperation between Member States and ensure the free movement of judgments by abolishing the need for a special procedure for authorisation of enforcement, known as exequatur.
The paper analyses the mechanisms for direct and incidental recognition of foreign judgments, as well as the procedures for establishing grounds for refusing recognition or enforcement. Particular attention is paid to protecting the party against whom the judgment has been given and to the possibilities of limiting, suspending or refusing enforcement under the conditions laid down in the Regulation. The principal grounds for refusal include incompatibility with public policy, infringement of the right of defence and irreconcilability with other judgments.
The paper also examines the enforcement of provisional and protective measures, authentic instruments and court settlements. The applicable procedural rules in Bulgaria, the jurisdiction of the courts and the possibilities for appealing judicial acts are analysed. Issues concerning extraordinary judicial review and the interaction between European legal provisions and national legislation are also addressed.
In conclusion, Regulation No 1215/2012 is an essential instrument for effective cross-border justice. It combines the facilitation of the recognition and enforcement of judgments with safeguards designed to protect the rights of the parties concerned.
Keywords
Foreign judgments; recognition; exequatur; enforcement; private international law; Regulation (EU) No 1215/2012; grounds for refusal of recognition; public policy; Lugano Convention; direct enforcement.
