EIRP Proceedings, Vol 6 (2011)

Abstract

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 interstate
jurisdiction. These courts do not have the opportunity to engage directly with their own bodies in the process
of decisions enforcement, having to overcome the barrier of states sovereignty; neither the international
community nor the public opinion have powers to lead to enforcement of international judgments. The case of
European Court of Justice is different, as it has developed a role for the national judicial system in securing
the enforcement of judicial decisions. According to article 244 187) of the Treaty, European Community
judicial decisions are enforceable. Thus they acquire the status of enforceable; however European Procedural
Law provisions require amendments from the national legal order of Member States. Enforcement shall be
governed by the rules of civil procedure of the State in question. Decisions are appended as binding (without
fulfilling other formalities but verifying the authenticity of the title, i.e. that they are issued by ECJ) by the
national authority designated for that purpose by the government of each Member State.