Isabelle Rueda and I (University of Luxembourg) have posted Abolition of Exequatur – Addressing the Commission’s Concerns on SSRN. The abstract reads:
After the European Council called for the reduction of intermediate measures necessary for the enforcement of judgments, the European Commission has initiated a process of gradual abolition of exequatur in the European Union. The exequatur procedure, however, serves the important purpose of preventing the enforcement of foreign judgments made in violation of human rights. Along with many other critiques of the project, this Article argues that existing mechanisms sanctioning human rights violations do not serve the same purpose, and that the new remedies forged by the Commission do not afford the same level of protection. However, unlike many other critiques, the Article argues that the concerns articulated by the European lawmaker with respect to the traditional exequatur procedure should not be ignored and could be addressed by reforming exequatur in a less radical way.
The paper can be freely downloaded here. All comments welcome!