Definition and Meaning of Foreign Judgments
Foreign Judgments refer, in legal terms, to judicial decisions, judgments, orders, enforcement orders, or other sovereign acts issued by a court or competent authority outside one’s own country. This term is particularly used in international civil procedural law, but also has practical significance in criminal law as well as administrative law.
Foreign judgments are primarily dealt with in the context of recognition and enforcement, as they do not automatically have the same effect domestically as in the state of origin. Rather, specific legal requirements and procedures are necessary to enable their enforcement in the domestic jurisdiction.
Legal Basis for Foreign Judgments
Private International Law (PIL)
Private international law (PIL) sets out the basic rules for determining which national law is applicable to situations involving a foreign element. It also regulates the conditions under which foreign judicial decisions can be recognized and enforced domestically.
Multilateral and Bilateral Treaties
Numerous countries, including Germany, are bound by multiple multilateral treaties that govern the handling of foreign judgments. Notably, these include:
- The Brussels Convention (EuGVÜ) and its successor regulations (Brussels I Regulation/Recast Brussels I Regulation)
- Lugano Convention for certain European countries
- Hague Convention on the Recognition and Enforcement of Foreign Judgments
Additionally, bilateral treaties between two countries may contain specific regulations.
National Laws
In German law, the central regulations concerning foreign judgments are mainly found in the following statutes:
- Code of Civil Procedure (ZPO), especially §§ 328, 722ff. ZPO
- Introductory Act to the Code of Civil Procedure (EGZPO)
- FamFG for family law matters
- AVAG (Act on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters)
Recognition of Foreign Judgments
Definition and Requirements
Die Recognition of a foreign judgment means that a decision rendered abroad is regarded as legally binding domestically. Recognition can be explicit (by judicial declaration) or implicit (without an express act of recognition, e.g., within another proceeding). The typical requirements for recognition are:
- Jurisdiction of the foreign court according to international standards
- No violation of the German ordre public (“public policy”)
- Assurance that the parties had the right to be heard in the original proceedings
- Finality of the foreign judgment
Compliance with matters of public interest
Recognition is particularly excluded if the decision is incompatible with essential principles of German law, especially fundamental rights or basic procedural requirements (ordre public reservation).
Automatic and Constitutive Recognition
Sometimes recognition occurs automatically (e.g., within the European Union under the Brussels I Regulation Recast), while in other cases a judicial recognition procedure is required.
Enforcement of Foreign Judgments
Definition and Procedure
Die Enforcement of a foreign judgment refers to the compulsory execution of a foreign judicial decision by the judiciary of another state. The requirements and procedures depend on the respective domestic law and the relevant international treaties.
In Germany, a foreign judgment is generally enforceable only after it has been declared enforceable by a domestic court (the so-called ‘exequatur procedure’).
The Exequatur Procedure
The exequatur procedure is a judicial process in which it is examined whether the requirements for enforcement of a foreign judgment are met. Key elements are:
- Application for a declaration of enforceability at the competent Regional Court
- Examination of formal and substantive requirements
- Possibility of objections by the relevant party
Only once the declaration of enforceability has been issued is the judgment treated the same as a domestic judgment and can be enforced by enforcement authorities.
European Judgments
Within the European Union, the exequatur procedure has been abolished for certain judgments (e.g., European Enforcement Order for uncontested claims, Brussels I Regulation Recast). For these, it is often sufficient to present a standardized certificate.
Types of Foreign Judgments
Foreign judgments may arise from various areas of law, in particular:
- Civil judgments: Judgments, orders and settlements in civil and commercial matters (e.g. payment judgments, maintenance orders).
- Criminal judgments: Requests for extradition, enforcement of criminal judgments.
- Public law judgments: Administrative acts, decisions regarding public-law claims.
The eligibility for recognition and enforcement depends primarily on the specific type of judgment, the applicable legal systems, and international agreements between the states involved.
Significance and Practical Relevance
Foreign judgments are of great practical significance for the cross-border enforcement of rights in an increasingly globalized world. They include, for example, international commercial matters, matrimonial and family matters, maintenance, international enforcement, and criminal cooperation.
International frameworks aim to strike a balance between state sovereignty and the interest in effective legal protection.
Summary
Foreign judgments are a central concept in both international and national procedural law. They enable the enforcement of claims and rights across national borders, provided the requirements for recognition and enforcement are met. The handling of foreign judgments is governed by a variety of international, supranational, and national regulations, with compatibility with fundamental legal principles always having to be ensured.
Related Keywords: Exequatur procedure, international civil procedure law, recognition, enforcement, Brussels I Regulation Recast, ordre public, international judgments, transnational legal enforcement
Frequently Asked Questions
Is the use of foreign academic degrees and titles permitted in Germany?
The use of foreign academic degrees and titles in Germany is permitted under certain legal conditions, but is subject to strict regulations. The basis for this is mainly the resolutions of the Standing Conference of the Ministers of Education and Cultural Affairs as well as corresponding state law provisions. A foreign academic degree may generally only be used if it has been validly awarded by a recognized university of the respective country. As a rule, the degree is to be used in the original form and abbreviation as awarded in the country of origin, including specification of the field of study and awarding institution (e.g., “Master of Science (University of Oxford)”). In some cases, official recognition or evaluation of the certificate by the Central Office for Foreign Education (ZAB) may be required, especially in case of doubts about equivalence. It is not permitted to translate or equivalently transfer the degree into a German qualification without corresponding recognition, as this may constitute deception.
What documentation is required for the recognition of foreign degrees?
For the recognition and lawful use of foreign degrees, the original certificate of graduation is generally required. In most cases, officially certified copies and translations by sworn translators must be presented if the documents are not issued in German or English. Additionally, an evaluation by the ZAB is often necessary to determine whether the qualification is comparable to a German university degree. For certain professions, it may also be legally required to supplement recognition of the foreign qualification with authorization to practice, for example in regulated professions such as medicine or engineering.
How should a foreign degree be used in German legal transactions?
In German legal transactions, foreign degrees are generally to be used in the form and designation in which they were awarded in the country of origin, including indication of the awarding institution. Translation or conversion into a German form is not legally permissible unless there is specific recognition (nostrification). If the foreign degree is nonetheless used in a Germanized or incorrectly abbreviated form, this may be deemed unauthorized use and, in certain circumstances, even constitute a regulatory offense or criminal act under § 132a of the German Penal Code (misuse of titles, professional designations, and insignia). In particular, it must be apparent that the degree was obtained abroad, for instance through additions such as “(USA)” or “(Russia)”.
What are the risks of unlawful use of foreign titles?
The unlawful use of foreign titles, that is, use without recognition or in an incorrect form, can have considerable legal consequences. These may include administrative offenses, fines, and in extreme cases criminal consequences pursuant to § 132a of the German Penal Code, if the impression is created that the degree was obtained domestically. Furthermore, a warning notice may be issued by trade associations or harmed competitors, especially in a professional context if the title is misused for economic gain. Affected individuals may also face disciplinary action in the public service or revocation of employment contracts if the degree was a requirement for hiring.
Are there differences regarding the recognition of EU and non-EU degrees?
Yes, the legal requirements differ. For degrees from EU/EEA countries, recognition of professional qualifications is generally facilitated due to EU law provisions (e.g., EU Directive on the Recognition of Professional Qualifications 2005/36/EC). For academic degrees from third countries (non-EU countries), a more detailed equivalence assessment is usually carried out, mainly focusing on the content and academic level of the qualification. National authorities or the ZAB assess to what extent the qualification is equivalent to a German degree. For regulated professions such as medicine, law, or engineering, an assessment and explicit recognition are particularly indispensable.
Can professional titles from abroad also be used?
Non-academic professional titles, such as vocational qualifications, cannot generally be simply adopted or used, as they are subject to specific national regulations. The use of such titles is often regulated and may fall under the law for the protection of professional titles. For example, designations such as ‘engineer’, ‘doctor’, or ‘psychotherapist’ are protected in Germany and may only be used after recognition of the foreign training by the competent authorities. Unauthorized use may result in legal consequences.
Who decides on a case-by-case basis about the recognition and authorization to use foreign titles?
Responsibility for the recognition and use of foreign academic degrees generally lies with the individual federal states, specifically with their ministries of education or appropriate recognition offices. For evaluation and equivalence of academic qualifications, the Central Office for Foreign Education (ZAB) in Bonn is usually in charge. For regulated professions, the relevant professional authorities or chambers decide on recognition and lawful use. An individual assessment is always carried out, particularly examining the level, content, and accreditation of the awarding institution. In case of uncertainty, consultation with the competent recognition office is recommended.
