Online Symposium: Abolition of Exequatur and Human Rights

In June, the European Court of Human Rights ruled in Povse v. Austria that the abolition of exequatur was compatible with the European Convention of Human Rights, and that the mechanism introduced by the Brussels IIa Regulation was not dysfunctional from the perspective of the Convention.

In December 2010, the Court of  Justice of the European Union had also ruled in Joseba Andoni Aguirre Zarraga v. Simone Pelz that the allegation of  violation of fundamental rights should not prevent the free circulation of judgments under the Brussels IIa Regulation.

For several years, European scholars debated whether the project of the European Commission to abolish exequatur and to suppress the public policy exception would comport with Member States ECHR obligations. Many thought that it would not. Member States eventually successfully resisted the project which was not adopted in the Brussels I Recast.

From this week-end onwards, ConflictofLaws.net will organize an online symposium on Abolition of Exequatur and Human Rights. Scholars from different jurisdictions will share their first reaction on the Povse judgment and on its consequence on the evolution of European civil procedure. Readers interested in participating may either contact directly the editors or use the comment section.

• Requejo on Povse
• Muir Watt on Abolition of Exequatur and Human Rights
• Arenas Garcia on Povse: Taking Direct Effect Seriously?
• Gascon on Povse: a Presumption of ECHR Compliance when Applying the European Civil Procedure Rules?
• van Iterson on Povse: a Legislative Perspective