European Public Policy (With an Emphasis on <I>Exequatur</I>Proceedings)

Abstract

Listen

Translate article

After addressing the historical role of the public policy exception in private international law, the author defines the European public policy and researches its apparition and protection in the case-law of the Court of Justice of the European Union and the European Court of Human Rights. The paper further discusses the possible differences and contradictions between the fundamental values arising from the European Convention on Human Rights and the EU law, which arise mainly from the different importance that the facilitating of exequatur of foreign judgment holds respectively in the Council of Europe and the EU. After analysing the relationship between the European public policy and the public international law, the author evaluates the impact of the adoption of the Lisbon treaty and the process of revision of the “Brussels I” regulation on the protection of the European public policy in the EU Member states.