Enforcement of European Court of Justice Judicial Decision
The paper aims at highlighting the steps in enforcing European Courts of Justice judicial decisions.The enforcement of international courts judicial decisions is the most difficult and trapping stage for interstatejurisdiction. These courts do not have the opportunity to engage directly with their o...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Danubius University
2011-05-01
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| Series: | EIRP Proceedings |
| Subjects: | |
| Online Access: | http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/722/652 |
| _version_ | 1828158116166893568 |
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| author | Gheorghe Dinu Diana Dinu |
| author_facet | Gheorghe Dinu Diana Dinu |
| author_sort | Gheorghe Dinu |
| collection | DOAJ |
| description | The paper aims at highlighting the steps in enforcing European Courts of Justice judicial decisions.The enforcement of international courts judicial decisions is the most difficult and trapping stage for interstatejurisdiction. These courts do not have the opportunity to engage directly with their own bodies in the processof decisions enforcement, having to overcome the barrier of states sovereignty; neither the internationalcommunity nor the public opinion have powers to lead to enforcement of international judgments. The case ofEuropean Court of Justice is different, as it has developed a role for the national judicial system in securingthe enforcement of judicial decisions. According to article 244 187) of the Treaty, European Communityjudicial decisions are enforceable. Thus they acquire the status of enforceable; however European ProceduralLaw provisions require amendments from the national legal order of Member States. Enforcement shall begoverned by the rules of civil procedure of the State in question. Decisions are appended as binding (withoutfulfilling other formalities but verifying the authenticity of the title, i.e. that they are issued by ECJ) by thenational authority designated for that purpose by the government of each Member State. |
| first_indexed | 2024-04-11T23:39:11Z |
| format | Article |
| id | doaj.art-86dedc7f19174c9d829aea345fe9b940 |
| institution | Directory Open Access Journal |
| issn | 2067-9211 2069-9344 |
| language | English |
| last_indexed | 2024-04-11T23:39:11Z |
| publishDate | 2011-05-01 |
| publisher | Danubius University |
| record_format | Article |
| series | EIRP Proceedings |
| spelling | doaj.art-86dedc7f19174c9d829aea345fe9b9402022-12-22T03:56:50ZengDanubius UniversityEIRP Proceedings2067-92112069-93442011-05-01614044Enforcement of European Court of Justice Judicial DecisionGheorghe DinuDiana DinuThe paper aims at highlighting the steps in enforcing European Courts of Justice judicial decisions.The enforcement of international courts judicial decisions is the most difficult and trapping stage for interstatejurisdiction. These courts do not have the opportunity to engage directly with their own bodies in the processof decisions enforcement, having to overcome the barrier of states sovereignty; neither the internationalcommunity nor the public opinion have powers to lead to enforcement of international judgments. The case ofEuropean Court of Justice is different, as it has developed a role for the national judicial system in securingthe enforcement of judicial decisions. According to article 244 187) of the Treaty, European Communityjudicial decisions are enforceable. Thus they acquire the status of enforceable; however European ProceduralLaw provisions require amendments from the national legal order of Member States. Enforcement shall begoverned by the rules of civil procedure of the State in question. Decisions are appended as binding (withoutfulfilling other formalities but verifying the authenticity of the title, i.e. that they are issued by ECJ) by thenational authority designated for that purpose by the government of each Member State.http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/722/652enforceable titletime- limitsjudicial periods |
| spellingShingle | Gheorghe Dinu Diana Dinu Enforcement of European Court of Justice Judicial Decision EIRP Proceedings enforceable title time- limits judicial periods |
| title | Enforcement of European Court of Justice Judicial Decision |
| title_full | Enforcement of European Court of Justice Judicial Decision |
| title_fullStr | Enforcement of European Court of Justice Judicial Decision |
| title_full_unstemmed | Enforcement of European Court of Justice Judicial Decision |
| title_short | Enforcement of European Court of Justice Judicial Decision |
| title_sort | enforcement of european court of justice judicial decision |
| topic | enforceable title time- limits judicial periods |
| url | http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/722/652 |
| work_keys_str_mv | AT gheorghedinu enforcementofeuropeancourtofjusticejudicialdecision AT dianadinu enforcementofeuropeancourtofjusticejudicialdecision |