Reguli privind determinarea competenţei jurisdicţionale potrivit regulamentului consiliului nr. 44/ce/2001
Establishing jurisdiction according to Council Regulation (EC) No. 44/2001

Summary/Abstract: Regulating jurisdiction across Europe had its origins as early as the plans for a united Europe. Over the years, the intensification of international exchanges demanded for further development in the field of courts’ jurisdiction in civil and commercial matters. The inclusion of judicial cooperation in civil matters among the competences of the European Community triggered the adoption of a common set of rules to determine the jurisdiction in cases of civil or commercial litigations involving a person domiciled in a Member State. The Council Regulation (EC) No. 44/2001 sets the rules on jurisdiction, recognition and enforcement of judgements in civil or commercial matters. However, this article will focus exclusively on the provisions of this Regulation concerning the jurisdiction, in the light of their direct effect over the Member State’s legal order. Particular attention will be directed to the special and exclusive jurisdiction provided for in the Regulation. The judicial cooperation in Europe is open for future legal framing, within and outside the setting of the European Union. In an era of globalisation, civil and commercial relations require clear boundaries, and that includes the existence of an international set of rules establishing courts jurisdiction in such matters.

• Details
• Contents