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5 The Right to a Fair Trial and Recognition and Enforcement of Foreign Judgments under the EU Rules

James J. Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Human Rights and Private International Law

James Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 23 May 2022

Subject(s):
Family law — EU Rules — Traditional rules — Judgments and orders

This chapter discusses the impact of the right to a fair trial on the recognition and enforcement of judgments under the EU rules. Paragraph 4 of Article 67(1) TFEU (Treaty on the Functioning of the European Union) requires the EU to facilitate access to justice, in particular through the principle of mutual recognition of judicial and extrajudicial decisions in civil matters. In addition, Article 81 TFEU refers to the adoption of measures to ensure effective access to justice. Indeed, a substantial number of instruments have introduced EU rules on recognition and enforcement of judgments and decrees granted in other Member States based on these Treaty provisions or its predecessors. These include the Recast Brussels I Regulation, the European Enforcement Order for uncontested claims Regulation, the European Order for Payment Procedure Regulation, and the European Small Claims Procedure Regulation.

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