Anexequatur (Latin, literally "let it execute") is alegal document issued by a sovereign authority that permits the exercise or enforcement of a right within thejurisdiction of the authority.
Ininternational diplomacy, an exequatur is apatent issued by ahead of state recognizing someone as aconsul of a foreignsovereign state. The exequatur recognizes the consul as a member of the receiving state'sdiplomatic corps, and guarantees the rights and privileges of consular office. The consul must first have aconsular commission from the state which they represent, which appoints them a member of itsdiplomatic service. If a consul is not appointed bycommission, they receive no exequatur; the receiving state's government will usually provide some other means to recognize them. An exequatur may be withdrawn, which necessitates the consul's recall.[1] FormerU.S. diplomat Jonathan B. Rickert noted that he received an exequatur fromElizabeth II when accredited to the United Kingdom in 1965, although not until several months after his arrival; he received no exequatur when accredited to theSocialist Republic of Romania in the 1970s.[2]
An exequatur is alegal instrument issued by secular authorities inRoman Catholic nations to guarantee the legal force ofpapal decrees within the jurisdiction of the secular authority. This custom began during theWestern Schism, when the legitimately electedSupreme Pontiff permitted secular leaders to verify the authenticity of papal decrees before enforcing them.
Some dissidents[who?] in the church claim that the custom arose as an implication of the nature of secular authority over the church, and that such a state privilege to verify papal doctrine had been exercised since the early days of the church. However, church doctrine denies that any permission from secular authority is necessary for papal decrees to be legally effective, even though secular authorities sometimes do not enforce them.[3]
In Brazilian, Romanian, French, Luxembourgish, Italian (via theCourt of Appeal), Mexican, and Spanish laws, an exequatur is a judgment of atribunal that a decision issued by a foreign tribunal is to be executed in the jurisdiction of the former, thereby granting authority to the decision of the foreign tribunal as if it issued from the native tribunal.[citation needed]
InPuerto Rico, an exequatur is a document that validates acourt order of a United Statescivil court as if a court of the Commonwealth of Puerto Rico issued it.[4]
One or more of the preceding sentences incorporates text from a publication now in thepublic domain: Chisholm, Hugh, ed. (1911). "Exequatur".Encyclopædia Britannica. Vol. 10 (11th ed.). Cambridge University Press. p. 65.| Roles |
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