Abolition of Exequatur Provisional paper libre.pdf
jurisdiction and the recognition and enforcement of judgments in matrimonial matters
and the matters of parental responsibility, repealing Regulation 1347/20003, establishes
that certain judgments concerning rights of access and certain judgments which require
the return of a child are enforceable in a Member State, other than the Member State
were the judgment was given, without the need for a declaration of enforceability and
without any possibility of opposing its recognition. The condition for this “automatic”
enforceability is that the judgment be certified in the Member State of origin in
accordance with the provisions of the Regulation4. The road to an unconditional
recognition and enforcement of judgments given in other Member States had been
opened, and Regulation 805/2004 creating a European Enforcement Order for
uncontested claims became the next step forward.
Regulation 805/2004 determined that judgments given or public documents drawn up in
a Member State and certified as a European Enforcement Order would be enforceable in
another Member State without any possibility of opposing its recognition. This means
that a European Enforcement Order certified in a Member State should be enforced
under the same conditions as a judgment handed down in the Member State of
Quite understandably, the direct enforcement of a foreign judgment, without the
possibility of opposing its recognition, was new and, to a certain extent, shocking. The
European Enforcement Order was conceived as a kind of experiment aimed at testing
the possibilities of further reductions of the exequatur6. As we have seen, Point 34 of the
Tampere Programme urges the Commission to adopt initiatives in order to reduce
intermediate measures required for the recognition in a Member State of decisions
adopted in another Member State. Thus, in only five years the Commission managed to
draw up two Proposals that became Regulations by means of which the exequatur was
eliminated for certain types of judgments.
In November 2004 the European Council adopted a multiannual plan for the area of
freedom, security and justice (the Hague Programme), which was aimed at building on
the achievements already reached, as well as meeting new challenges. The Programme
OJ L 338, 23.12.2003.
See Art. 41(1) and 42(1) of Regulation 2201/2003.
See Art. 20(1) of Regulation 805/2004.
Cf. GARCIMARTÍN ALFÉREZ F.J., El título ejecutivo europeo, Cizur Menor (Navarra) 2006, p. 35. See
also MIGUEL ASENSIO P.A. DE, ‘Espacio Europeo de Justicia: evolución y perspectivas en el sector del
reconocimiento y ejecución de resoluciones’, Anuario Español de Derecho internacional privado 2006,
pp. 441-466, p. 450.