The Drawbacks

One can argue that this allows a less expensive, faster and less complicated circulation of judgements within the EU. However, this proposal was met with criticism by academics, in particular Beaumount[1] who argues that abolishing this procedure would “jeopardize the protection of human rights.”[2] This was illustrated in the case of Krombach,[3] where a German doctor was convicted with manslaughter of a French girl in Germany.[4] The doctor then challenged the decision and argued there was a breach of his human rights as he was not given a fair trial.[5] It was held that there a breach of Article 6[6] and the conviction was dropped. This judgement illustrates an important safeguard for the courts to carefully consider the creditors rights and the debtor’s human rights. Therefore, the total abolishment of the exequatur procedure can be argued to hinder the free movement and enforcement of judgements.

Overall, the abolition of exequatur has simplified the recognition and enforcement of member state judgments in other member states. The amendment should be welcomed as it streamlines a once long and difficult process.

1] Paul Beaumont & Emma Johnston, ‘Can Exequatur be Abolished in Brussels I Whilst Retaining a Notary public London’ (2010) Journal of Private International Law 249

[2] ibid

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