Development of the institution of mutual recognition and enforcement of judgments in the countries of the European Union Cover Image

Развитие института взаимного признания и исполнения судебных решений в странах Европейского Союза
Development of the institution of mutual recognition and enforcement of judgments in the countries of the European Union

Author(s): Elena Maystrovich, Elena V. Kucheryavaya
Subject(s): Politics / Political Sciences, Politics, Social Sciences, Political Sciences, Public Law, Sociology
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: Европейский Союз; судебное решение; исполнение судебных решений; регламенты; экзекватура; European Union; unification of law; mutual recognition and enforcement of judgments; regulations

Summary/Abstract: The free movement of judicial decisions on the territory of the European Union presupposes a high level of mutual trust between the judicial bodies of the Member States. From the citizens’ point of view, the keyissue is the balance between the rights of the plaintiffs and the defendants, i.e. the right to access to justice(to sue) and the right to defence. Mutual trust between the judiciary can be built in various ways. Firstly,through the creation of a unified European procedure in the form of additional tools held before the adjudication and based on the general rules of procedure. Secondly, through sectoral harmonisation of procedurallaw within the framework of solving individual issues in accordance with a step-by-step approach. Thirdly,it is necessary to create common standards, in the form of principles and rules, regulations and directives.The Author in this article analyses the main ways of creating uniformity of norms applied in the territoryof the European Union, the most suitable for the institution of mutual recognition and enforcement ofjudgments. The process of legal development of the institution of mutual recognition and enforcement ofjudgments and its current status are considered.

  • Issue Year: 2018
  • Issue No: 2
  • Page Range: 71-86
  • Page Count: 16
  • Language: Polish