La «libera circolazione» delle decisioni in materia civile e commerciale nello Spazio giudiziario europeo. Regime generale e settori specifici

Abstract

The doctoral thesis analyses the discipline of the “circulation” of judgments in civil and commercial matters within the European judicial area, comparing the evolution of the “general” regime - in the light of the amendments made by Regulation (EU) No. 1215/2012, which systematically reproduces and revises Regulation (EC) No 44/2001 (Brussels I) - with that of the sectoral regulations, which have to varying degrees been inspired by this regime. The work consists of two parts and has been structured in the form of a comparison between the general and sectoral regulations. The first part analyses the so-called Brussels I-bis system in order to highlight its innovations and its elements of continuity with the previous system, in particular by identifying the changes made to the system of recognition and enforcement of judgments. The second part is aimed at examining the rules governing the recognition and enforcement of judgments and extrajudicial decisions in specific areas of civil and commercial practice. Dealing with these pieces of legislation is far from easy, especially in relation to the sensitivity and transversality of the legislation at issue. Ultimately, the techniques of “automatic” recognition and enforcement, supported by the acquired equivalence between the procedural systems of the Member States and by a high degree of functional subsidiarity of their national law, are proving to be the most radical means to achieve the overriding objective of establishing and maintaining equivalent protection throughout the European judicial area. [edited by Author]