| Article | Certification of the Judgment as the Procedure of its Recognition on the Territory of the European Union |
|---|---|
| Authors | Chernyak Yu. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 6 / 2014 |
| Pages | 131 - 138 |
| Annotation | The article contains the analysis of the legal regulation model of the procedure for issue of certificate, provided by the EU law. The analysis is based on two effective EC Regulations — Council Regulation (EC) № 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility and Council Regulation (EC) № 805/2004 of 21 April 2004 creating a European Enforcement Order for uncontested claims. Peculiarities of the procedure of judgment recognition by issue of certificate are researched — first of all as compared with the exequatur procedure. The judgment of the European Court of Justice is cited as an example of the Council Regulation (EC) № 2201/2003 rules interpretation. Some difficulties that exist in the practice of application of the procedure for issue of certificate are defined. The author makes a conclusion concerning perspectives for the future development of the institute of recognition of foreign judgments in the EU framework. |
| Keywords | recognition of foreign judgment, issue of certificate, European Enforcement |
| References | |
| Electronic version | Download |