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UPA Perpustakaan Universitas Jember

Mutual Trust and Cross-Border Enforcement of Judgments in Civil Matters in the EU: Does the Step-by-Step Approach Work?

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Mutual trust is one of the cornerstones of cooperation in the field of
European Union private international law. Based on this principle the rules on the
cross-border recognition and enforcement of judgments in the European Union are
still subject to simplification. The step-by-step approach of the implementation of
this principle led to the abolition of the exequatur, often accompanied by a partial
harmonization of enforcement law to improve and support the smooth working of
cross-border enforcement without exequatur. In this regard, it seems that the
Member States still want to have control over the โ€˜importโ€™ of judgments which
results in maintaining the ground for non-recognition and the possibility of relying
on them in the Member State of enforcement. This article considers the implementation
of the principle of mutual recognition in three areas of justice: civil and
commercial matters, family law and maintenance. In these areas the European
Union legislator has chosen three different approaches for the implementation of
this principle.

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