Algunas reflexiones en torno a la sentencia NegrepontisGiannisis contra Grecia y la jurisprudencia reciente del Tribunal Europeo de Derechos Humanos en materia de reconocimiento de decisiones judiciales extranjeras

Abstract

The European Court of Human Rights in its judgment Negrepontis- Giannisis v. Greece opens the extension of the possibilities for a free movement of foreign decisions as a right derived from the right to a fair hearing of article 6.1 of the European Convention of Human Rights. The evolution of this case law trend of the ECHR begins with decisions Wagner and J.M.W.L. v. Luxembourg and McDonald v. France but in the judgment we are now analyzing a considerable development is made because the right to the recognizition is not linked to other substantive right but it is considered as a right itself. Besides remarkable considerations are established as far as the exception to the public order is concerned as a brake to the execution of foreign judicial decisions and it softens its effect. It is especially interesting for its application in those decisions that go beyond the scope of application of the corresponding regulations of the EU where the exequatur as an ad hoc procedure is missing but it maintains the possibility of opposition to the recognizition by the affected party. In this sense, the reasoning of the ECHR in Negrepontis is of special relevance, taking into account the inspiring character of the European Law for the ECHR and hence the interpretation of that Tribunal of its articles.

Keywords

• european court of human rights
• exequatur
• international public order exception
• right to a fair hearing
• right to private and family life