Conflict of Laws
  • About
  • Editorial board
  • Subscription
  • Submission
  • Materials
  • Contact
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu

Cuniberti on the Efficiency of Exequatur

February 7, 2012/in /by Gilles Cuniberti
image_pdfimage_print

I have posted Some Remarks on the Efficiency of Exequatur on SSRN. The abstract reads:

After the European Council announced that it wanted to suppress intermediate measures in the enforcement of foreign judgments within the European Union, the European Commission has proposed to abolish the procedure whereby courts of the Member states may verify whether foreign judgments meet some basic requirements of the forum (exequatur).

The project of abolishing exequatur has attracted strong criticism among European scholars. It has been pointed out that the most important function of exequatur is to verify whether the foreign court did not violate human rights, and that suppressing it would entail dramatically reducing human rights protection in the European Union.

Most of these scholars have dismissed the economic argument made by the European lawmaker to justify its project that the existing procedure, which delays and increases the costs of cross-border debt recovery, is simply too costly. This short paper offers some preliminary thoughts on the efficiency of the exequatur procedure. It argues that as human rights violations are, in practice, almost exclusively violations of procedural rights, the impact of human rights violations is essentially to decrease the chances to win on the merits in cases where the symbolic dimension of the right to a fair trial is negligible. The paper thus distinguishes between two categories of cases and argues that, in commercial and consumer cases, exequatur is clearly too costly and should be abolished, while the situation might be different in tort and labor cases.

The paper is forthcoming in the Festschrift für Bernd von Hoffmann.

Share this entry
  • Share on Facebook
  • Share on X
  • Share on WhatsApp
  • Share on Pinterest
  • Share on LinkedIn
  • Share on Tumblr
  • Share on Vk
  • Share on Reddit
  • Share by Mail
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png 0 0 Gilles Cuniberti https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png Gilles Cuniberti2012-02-07 07:03:512012-02-07 07:03:51Cuniberti on the Efficiency of Exequatur

Categories

  • Views
  • News

Most Recent Posts

  • Recognition of Italian Extrajudicial Divorces in Tunisia — Between Methodological Uncertainty and the Need to Preserve Continuity of Personal Status Across Borders August 9, 2026
  • Private International Law and European Society August 4, 2026
  • The New Zealand Supreme Court’s judgment in Kea Investments Ltd v Wikeley on anti-enforcement relief August 3, 2026
  • Beyond Domicile: The BHP Litigation and the Functional Interconnection of Public and Private International Law August 3, 2026
  • Conflicts of jurisdiction in Senegal: lesson from the Senegalese Supreme Court on Lis Pendens and the Exequatur of foreign judgments July 27, 2026
  • Adoption in the proposal for a European Parenthood Regulation July 21, 2026
  • Copyright, Targeting and Geo-Blocking: The CJEU Stirs the Pot July 15, 2026
  • A Follow-Up: The German Judges Association’s Response to the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions July 15, 2026
  • Private International Law Dimensions of Singapore’s New Legislation to Combat Online Harms July 14, 2026
  • The 1961 HCCH Apostille Convention: Why All African Countries Should Ratify It? — Insights from Judicial Practice in Africa July 14, 2026
  • The enforcement of an advance on costs for substitute performance at the expense of a Russian debtor in German-French legal relations July 2, 2026
  • “Yes, in principle, but not quite there yet…” – Some Observations on the Public Consultation on the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions June 29, 2026
  • Judgment Mobility Rules in India’s Private International Law Regime: No place for a revision au fond? June 26, 2026
  • Nothing to See Here: The CJEU’s Decision in Case C-232/25 Idzinski June 18, 2026
  • Refusal to Enforce in Egypt of a Californian (U.S.) Judgment for Lack of Reciprocity: What Has Gotten into the Egyptian Supreme Court? June 15, 2026
Link to: Stephan on Germany v. Italy Link to: Stephan on Germany v. Italy Stephan on Germany v. Italy Link to: Katia Fach on Arbitration Link to: Katia Fach on Arbitration Katia Fach on Arbitration
Scroll to top Scroll to top Scroll to top