Book contents
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Common Abbreviations
- Introduction Fundamental Rights at the Core of the EU AFSJ
- Part I The General Framework for Fundamental Rights Protection in the AFSJ
- Part II Asylum, Migration and Borders
- Part III Judicial Cooperation in Civil Matters
- 9 Mutual Recognition in Civil and Commercial Matters: On Certified Mutual Trust
- 10 The Rights of the Child and the Right to Respect for Family Life in the Revised Brussels II bis Regulation
- 11 Effective Remedies and Fair Trial in Civil Matters: How to Enhance Civil Justice within the Confines of EU Powers
- 12 Procedural Rights (and Obligations) of Parties to Civil Proceedings
- Part IV Judicial Cooperation in Criminal Matters and Police Cooperation
- Part V Cross-Cutting Issues of Fundamental Rights in the AFSJ
- Index
9 - Mutual Recognition in Civil and Commercial Matters: On Certified Mutual Trust
from Part III - Judicial Cooperation in Civil Matters
Published online by Cambridge University Press: 06 August 2021
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Common Abbreviations
- Introduction Fundamental Rights at the Core of the EU AFSJ
- Part I The General Framework for Fundamental Rights Protection in the AFSJ
- Part II Asylum, Migration and Borders
- Part III Judicial Cooperation in Civil Matters
- 9 Mutual Recognition in Civil and Commercial Matters: On Certified Mutual Trust
- 10 The Rights of the Child and the Right to Respect for Family Life in the Revised Brussels II bis Regulation
- 11 Effective Remedies and Fair Trial in Civil Matters: How to Enhance Civil Justice within the Confines of EU Powers
- 12 Procedural Rights (and Obligations) of Parties to Civil Proceedings
- Part IV Judicial Cooperation in Criminal Matters and Police Cooperation
- Part V Cross-Cutting Issues of Fundamental Rights in the AFSJ
- Index
Summary
The nature and specific operation of the system of judicial recognition and enforcement within the Union is based on mutual trust in the judicial systems of other Member States. Within this framework, recognition and enforcement operate with formalised quasi-automaticity. This chapter outlines the major phases through which that system developed to reach its current shape and examines case law developments regarding the substantive and formal requirements that, albeit minimally, condition the free circulation of judgments within the Union. It concludes with remarks inspired by recent developments concerning judicial independence as a fundamental pre-requisite for the mutual trust upon which the functioning of judicial cooperation within the Union relies.
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- Publisher: Cambridge University PressPrint publication year: 2021
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