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from Part III - Judicial Cooperation in Civil Matters
Published online by Cambridge University Press: 06 August 2021
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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