The Free Movement of Judgments within the European Union

Year 2010, Issue: 3, 13 - 22, 01.05.2010

Doç. Dr. Yusuf Çalışkan Av. Zeynep Çalışkan

Abstract

The main objective set out in the Treaty of Rome (1957) was to establish common
markets and to create the European Economic Community through providing
four freedoms: free movement of goods, services, capital and person.1
For the
free movement of goods, services and capital, it is necessary to provide legal
certainty and legal security in the EU. Thus, the free movement of judgments
between Member States should be regulated. In fact, the European States and
later on the European Union Institutions have been working to harmonize the
European Union conflicts of laws.2
The EC Commission has promulgated a
Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in
Civil and Commercial Matters known as “Brussels I” which replaces the Brussels
Convention. The main goal of the EC Council Regulation no 44/2001 (Brussels
I Regulation) is to facilitate the free movement of judgments between Member
States. This study will examine as to what extent the Brussels I Regulation
achieved the “free movement of judgments” between the Member States of the
EU. In order to find out to what extent the Regulation achieved its aim mainly
free movement of judgment, this study first of an analyzes the main principles of
Brussels I Regulation. Then, it examines the grounds for refusal of recognition
and enforcement, and the procedure of recognition and enforcement.