En folkrättslig konvention men en unionsrättslig förpliktelse - 2019 års Haagkonvention ur ett svenskt perspektiv

Sammanfattning: The Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters was adopted on 2 July 2019. The convention has been negotiated within the framework of the Hague Conference on Private International Law, whose purpose is to work for the progressive unification of the rules of private international law. Seeing that a global instrument regarding recognition and enforcement in the field of private law previously has been missing, the convention has been described as a potential “game changer” in international litigation. To facilitate access to justice for its citizens, seeking to have a judgment given in the EU recognized and enforced in a third country or vice versa, the EU has decided to accede to the convention. Consequently, the convention will be legally binding upon all its member states, including Sweden. However, not as a commitment under international law, but in the capacity of union law. The purpose of this thesis is to examine the potential consequences resulting from the fact that EU will be a party to the convention instead of Sweden. To achieve this purpose, the following questions are asked: 1) What significance is assigned to whether the EU or Sweden is a contracting party, considering which judgements that will circulate under the convention? 2) What significance is assigned to whether the EU or Sweden is a contracting party, considering the legal consequences of an action in violation of the convention? 3) What significance is assigned to whether the EU or Sweden is a contracting party, considering the possibility of individuals to assert their rights under the convention? The conclusions are as follows. The significance of the fact that the EU in-stead of Sweden is a contracting party, mainly consists of the fact that the EU will have the final say in deciding on reservations and regarding the interpretation of the convention. Moreover, an action in violation with the convention will always entail legal responsibility, although the possibility to enforce this responsibility is greater within union law compared to international law. The fact that the EU is a contracting party, finally entails a conceivable opportunity for individuals to base their claims directly upon the provisions of the convention, if their rights are otherwise not satisfied.