PROCESUL CIVIL INTERNAȚIONAL, COMPETENȚA, RECUNOAȘTEREA ȘI EXECUTAREA HOTĂRÂRILOR STRĂINE POTRIVIT REGULAMENTULUI COMUNITAR NR. 44/2000
THE INTERNATIONAL CIVIL TRIAL, COMPETENCE, RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS ACCORDING TO THE EUROPEAN COMMUNITY REGULATION NO. 44/2000

Summary/Abstract: The Regulations of the Council and of the European Parliament represent the European Community’s most important instruments for unifying the provisions of the Member States’ laws as regards competence, recognition and enforcement of foreign judgments. The principle of the free movement of persons can be ensured provided that the citizens of each Member State benefit of predictable laws in relation to establishing the competent courts in case of litigations based upon a legal relationship with an element of foreign origin. The citizens of the Member States must also benefit of the effects of judgments issued in the Member States in case of such legal relationships since, otherwise, forcing the person to go again to the court in the Member State of enforcement would entail the infringement of the free movement of persons, who shall be bound to a certain court although they have already obtained a judgment in another court of law. The Regulation no. 44/2000 of the European Union Council sets forth rules for the settlement of conflicts of jurisdiction, the recognition and enforcement of foreign judgments, which were entirely taken over in the New Civil Procedure Code – Book VII named the International civil trial. In case of a conflict between the jurisdictions of the various Member States, it is important to establish a generally applicable rule in order to decide the competent court and, in the hypothesis of notifying simultaneously several courts in different Member States, with the same litigation, to establish what each notified court shall do. The Regulation stipulates that, first of all, the competent court shall be established and, afterwards, the other courts shall dismiss the claim as not falling under their competence or shall decline it in favor of the competent court, provided that the domestic law of the given State allows the assembly or connection of causes. As regards the recognition of judgments issued in other Member States, it is necessary to eliminate additional formalities and costs in order for each citizen of the European Union to benefit of the judgment issued in another state. As regards the relations with an element of foreign origin, in which the latter is not related to a Member State of the European Union, the International Agreements in which Romania and the involved state are members shall apply or, if no such agreement connects the two states, the international private law rules in each state shall apply and the recognition and enforcement of foreign judgments shall be achieved by resorting to the international courtesy rules.

• Details
• Contents