Reflections on the Abolition of Exequatur in Family Law Cases Regarding the Exercise of the Right of Visitation

• Author: Gabriela Lupsan
• Position: Associate Professor, PhD, 'Danubius' University of Galati, Romania
• Pages: 31-37

JURIDICA

31

Private Law

Reflections on the Abolition of Exequatur

in Family Law Cases Regarding the

Exercise of the Right of Visitation

Gabriela LUPŞAN1

Abstract: The Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction

and the recognition and enforcement of judgments in matrimonial matters and the matters of parental

responsibility, repealing Regulation (EC) no. 1347/2000 includes, along with uniform rules settling

conflicts of jurisdiction between Member States, also a number of rules to ensure the free movement

within the EU area of judgments, of authentic instruments and agreements, establishing provisions on

their recognition and enforcement in another Member State. In the present paper we anal yze the

abolishing of the exequatur, under the situation where the judgments, concerning the exercise the

rights of visitation, were passed in another Member State.

Keywords: cross-border cases; rights of visitation; legal recognition of the judgment; enforcement of

the judgment passed in another state

1. Introduction

1. According to article 21, paragraph (1) of The Council Regulation (EC) No

2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and

enforcement of judgments in matrimonial matters and the matters of parental

responsibility, repealing Regulation (EC) no. 1347/20002 (hereinafter called “the

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 to all Member States of the

European Union, except Denmark, from March 1, 2005 (except articles 67-70, which entered into

force on 1 August 2004). It is known in the specialized literature as “Brussels II bis Regulation”. On

this regulation, see Ioana Burduf, Ulrike Frauenberger, Maria Kaller, katalin Markovits, Viviana

Onaca, Flavius George Păncescu, Walter Rechberger, Camelia Tobă, Cooperarea judiciară în

materie civilă și comercială, Manual/ Judicial cooperation in civil and commercial matters, Manual,

pp. 140-158. Address available at

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

222-225) AUDJ, vol. 11, no. 1/2015, pp. 31-37