EU Law and International Judicial Cooperation
Core concepts
Know the EU instruments relevant to cross-border enforcement: the Brussels I regime on jurisdiction and recognition of judgments, the European Enforcement Order, the European Order for Payment, and the Small Claims Procedure. Understand the principle of mutual recognition and the grounds for refusing recognition. Master the service of documents regulation and the taking of evidence regulation. Understand the role of the bailiff in cross-border service and enforcement.
Traps
Questions confuse the abolition of exequatur under certain instruments with a complete absence of any control. Another trap concerns the distinction between the certificate accompanying a judgment and the judgment itself. Watch for confusion between the grounds for refusal of recognition and the grounds for refusal of enforcement.
Rule of thumb
Identify the instrument first; each has its own scope, certificate and refusal grounds. Mutual recognition is the default, and refusal grounds are interpreted narrowly.