Kalinichenko, P.A., Mikhailova, S.A. Evolution of the EU norms and standards in the sphere of recognition and enforcement of the decisions on civil cases

Abstract: This study is devoted to the evolution of normative provisions in the sphere of recognition and enforcement of judicial decisions on civil cases, as developed in the European Union, which is an integration organization of 28 European states. From the methodological standpoint, this article uses dialectic method, historic legal and comparative legal methods based upon a systemic approach. The scientific novelty of the study is defined by the fact that currently the EU has a broad competence in the sphere of cooperation of judicial bodies of the Member States in civil, trade and family cases, as well as in the issues of unification of civil procedural norms, as provided for by the Treaty on the Functioning of the European Union among the provisions on the formation of the territory of freedom, security and justice based upon the goals provided for by the paragraph 2 of the Art. 3 of the European Union Treaty. The conclusions are the following. The modern mechanism of judicial protection in civil cases in the EU passed several evolutionary stages in its development. At the first stage, which took place in 1960s the European Communities employed solely international legal means for harmonizing the legislation of the Member States in the sphere of jurisdiction, recognition and enforcement of judicial decision. The second stage of development of judicial protection mechanism in the civil cases at the European level started when the Amsterdam Treaty of 1999 came into force, and it is notable for the change in the legal instruments employed by the European Union. It was a period of a substantive reform of the very legal basis for the system of recognition and enforcement of judicial decisions at the European level. In 2000 the Brussels Convention I was substituted for the Brussels Regulation I. Finally, the modern stage of development of the mechanism of judicial protection in the civil cases in the European law is characterized with the development of the system based upon the combination of international legal and European legal instruments for the harmonization of civil procedural law of the Member States. The Lugano Convention (by the Lugano Convention II) and the Brussels Regulation I (Regulation N. 44/2001).

Keywords: