International trade and the free movement of people are inevitably followed by legal disputes. Such litigants require an efficient and predictable dispute resolution mechanism capable of handling cases between diverse nationals. An essential part of such mechanism is a clearly defined process of judgment enforcement across national boundaries. In the past several decades, the European Union (“EU”) has necessarily addressed judgment enforcement across the boundaries of its member nations (“Member States”). Citizens of the EU need to prosecute and defend their legal rights in their home and in other EU member states. Presently, the EU is, again, considering such issues and is poised to make some changes in this area. As with past EU legislation regarding judgment recognition and enforcement, the proposed changes are intended to promote the growth of the European economy by encouraging and furthering cross-border trade and the free movement of people. This paper presents the following, (1) a brief introduction to civil and commercial judgment recognition and enforcement in the EU, (2) the current status of judgment enforcement as exemplified in significant case law, (3) the deficiencies of current EU judgment enforcement Brussels Is, and finally, (3) the proposed changes to such Brussels I currently.
Larobina, Michael D. and Pate, Richard L., "The Status Of Recognition And Enforcement Of Judgments In The European Union" (2011). WCBT Working Papers. 7.