Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters as an integral part of the legal order of the European Union Cover Image

Конвенција о признавању и извршењу страних судских одлука у грађанским или трговачким стварима као интегрални дио правног поретка Европске уније
Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters as an integral part of the legal order of the European Union

Author(s): Boris Tučić, Radmila Dragišić
Subject(s): Civil Law, International Law, Law on Economics, EU-Legislation, Sociology of Law
Published by: Direkcija za evropske integracije Vijeća ministara Bosne i Hercegovine
Keywords: International Private Law of the European Union; Convention; Brussels I bis Regulation; cross-border trade; investments;

Summary/Abstract: The growth of cross-border trade and investments further affirmed the need to present the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters in July 2019 at the Hague Conference on Private International Law as a source of private international law focused on international judicial cooperation. The Convention does not deal with the jurisdiction to resolve disputes in cross-border matters and rules that determine the applicable law in such matters. This source of law was designed by the legal community over several decades in order to complete the common framework for the cross-border movement of judgments at a global level, and to provide the necessary support to national judicial systems for the resolution of disputes. It is a source of private international law which, where disputes are not settled by arbitration or mediation but by national courts, provides a degree of certainty in global trade relations outside regional organizations such as the European Union. In this article, applying selected scientific methods, in the introductory part we examine the origin of the Convention in question, while in the following part we reflect on the European Union’s approach to this source of law, examining its complementarity with the Brussels I bis Regulation in the regulated area, selected innovative solutions of the Convention and relations towards arbitration. Also, we refer to the status of the Convention in the European Union law. Finally, we present some concluding observations.

  • Issue Year: 2024
  • Issue No: 11
  • Page Range: 31-53
  • Page Count: 23
  • Language: Bosnian, Croatian, Serbian
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