Reflections on the Abolition of Exequatur in the Cross-border Cases Regarding the Return of the Child

• Author: Gabriela Lupsan
• Position: Associate Professor, PhD, 'Danubius' University of Galati, Romania
• Pages: 5-10

JURIDICA

5

European and International Law

Reflections on the Abolition of Exequatur

in the Cross-border Cases

Regarding the Return of the Child

Gabriela LUPŞAN1

Abstract: Free circulation of judgments within the EU of the authentic instruments and agreements in

matrimonial matters and in matters of parental responsibility is provided for in Regulation (EC) no.

2201/2003 of the Council of 27 November 2003 concerning jurisdiction, recognition and enforcement

of judgments in matrimonial matters and in matters of parental responsibility, repealing Regulation

(EC) no. 1347/2000. For two categories of ju dgments, this Regulation provides for the suppression of

exequatur. In th is article we intend to continue analyzing the suppression of the exequatur under the

situation of judgments in family law matters, relating to the return of the child in the cross-border

cases, on judgments passed in another Member State.

Keywords: Brussels II bis Regulation; cross-border cases; the return of the child; recognition of the

judgment by law; execution of judgment

1. Argument

One of the objectives of the Regulation (EC) no. 2201/2003 of the Council of 27

November 2003 concerning jurisdiction, recognition and enforcement of judgments

in matrimonial matters and in matters of parental responsibility, repealing

Regulation (EC) no. 1347/20002 (here in after referred to as the “Regulation”),

1 Associate Professor, PhD, “Danubius” University of Galati, Romania. Address: 3 Galati Boulevard,

800654 Galati, Romania. Tel.: +40.372.361.102, fax: +40.372.361.290. Corresponding author:

gabriela.lupsan@univ-danubius.ro.

2 Published in OJ L 338, 23.12.2003, p. 1. The Regulation applies in all Member States of the

European Union except Denmark, from 1st of March 2005 (except art. 67-70, which entered into force

on 1 August 2004). It is known in the literature as “Brussels II bis Regulation”. On this regulation, see

Ioana Burduf et al., Cooperarea judiciară în materie civilă și comercială, Manual/Judicial

cooperation in civil and commercial matters, Manual, pp. 140-158, available at:

http://www.just.ro/Portals/0/CooperareJudiciara/Doc%201_Manual%20Civil.pdf; (Buglea, 2013, pp.

222-225). Also, opinions on the free movement of people within the EU see Negrut (2013, pp. 5-12).

AUDJ, vol. 11, no. 2/2015, pp. 5-10