Mutual Trust as a Way to an Unconditional Automatic Recognition of Foreign Judgments

2019 ◽  
pp. 211-241
Author(s):  
Radovan Malachta
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
Automatic Recognition ◽  
Free Movement ◽  
Mutual Trust ◽  
The European Union ◽  
The Eu

The article covers a topic of an unconditional automatic recognition of foreign judgments within the European Union. Thus far, a different method in case of foreign judgments has been used. Certain regulations of the EU require exequatur and contain grounds for refusal of recognition and in certain regulations both the exequatur and grounds for refusal of recognition have been abolished. First, the paper deals with the principle of mutual trust (what mutual trust is and in what to trust). Subsequently, the article points out the differences between the principle of mutual trust and the principle of mutual recognition. Finally, it discusses the notion of automatic recognition in the context of free movement of judgments within the EU.

Free Movement and Discrimination: Evidence from Europe, the United States, and Canada

2013 ◽  
Vol 15 (1) ◽  
pp. 91-110 ◽  
Author(s):  
Willem Maas
Keyword(s):  
United States ◽  
European Union ◽  
International Migration ◽  
Mutual Recognition ◽  
The United States ◽  
Free Movement ◽  
The European Union ◽  
Good Test ◽  
The Right ◽  
The Eu

Abstract This article surveys some general lessons to be drawn from the tension between the promise of citizenship to deliver equality and the particularistic drive to maintain diversity. Democratic states tend to guarantee free movement within their territory to all citizens, as a core right of citizenship. Similarly, the European Union guarantees (as the core right of EU citizenship) the right to live and the right to work anywhere within EU territory to EU citizens and members of their families. Such rights reflect the project of equality and undifferentiated individual rights for all who have the status of citizen. But they are not uncontested. Within the EU, several member states propose to reintroduce border controls and to restrict access for EU citizens who claim social assistance. Similar tensions and attempts to discourage freedom of movement also exist in other political systems, and the article gives examples from the United States and Canada. Within democratic states, particularly federal ones and others where decentralized jurisdictions are responsible for social welfare provision, it thus appears that some citizens can be more equal than others. Principles such as benefit portability, prohibition of residence requirements for access to programs or rights, and mutual recognition of qualifications and credentials facilitate the free flow of people within states and reflect the attempt to eliminate internal borders. Within the growing field of migration studies, most research focuses on international migration, movement between states, involving international borders. But migration across jurisdictional boundaries within states is at least as important as international migration. Within the European Union, free movement often means changing residence across jurisdictional boundaries within a political system with a common citizenship, even though EU citizenship is not traditional national citizenship. The EU is thus a good test of the tension between the equality promised by common citizenship and the diversity institutionalized by borders.

Forum Choice in the Area of Freedom, Security, and Justice

2018 ◽  
Author(s):  
Angelo Marletta
Keyword(s):  
European Union ◽  
Free Movement ◽  
Mutual Trust ◽  
The European Union ◽  
Integration Process ◽  
Member States ◽  
Policy Goals ◽  
Free Movement Of Persons ◽  
The Eu

The European Union (EU), as unprecedented institutional and polity project, is responsible for the fulfilment of a set of policy goals that go beyond the mere sum of the interests of its Member States. The establishment of an ‘area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to . . . the prevention and combating of crime’ is probably one of the most demanding goals of the integration process, whose fulfilment requires commitment to coherent action on several levels: vertically, between the EU and the Member States, through incorporating the implementation of the Treaty objectives in the development of their respective criminal policies, and horizontally, between the Member States themselves, by developing mutual trust.

Generating Trust Through Law? Judicial Cooperation in the European Union and the “Principle of Mutual Trust”

2016 ◽  
Vol 17 (3) ◽  
pp. 339-382 ◽  
Author(s):  
Thomas Wischmeyer
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Mutual Recognition ◽  
Mutual Trust ◽  
The European Union ◽  
Judicial Cooperation ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Eu Member States ◽  
The Eu

For a long time, EU institutions have emphasized the connection between one of the most important concepts of the integration method, mutual recognition, and the presence of mutual trust between EU Member States. Only recently, the ECJ reaffirmed in its Opinion 2/13 that mutual trust is at the heart of the EU and a “fundamental premiss” of the European legal structure. But can law really restore, advance or even govern by trust? This question is crucial for the EU of today, which finds itself in the midst of a severe crisis of trust. For the EU as a community “based on the rule of law” generating trust through law might seem the natural, maybe the only politically viable response to a crisis of trust. Nevertheless, even if one agrees that the rule of law requires people to place trust in legal rules, and that courts and administrative agencies need to trust each other in order to work efficiently and consistently, how would legal rules be able to generate or promote trust? Moreover, isn't it deeply rooted in our ideas about constitutional government that democratic law must institutionalize mutual distrust rather than govern by trust? These conceptual and normative objections did not stop the European Union from pursuing the project of trust-building through law in one of the most sensitive areas of EU law, judicial cooperation in civil and criminal matters. This Article will ask whether the project to promote trust through law is a promising one, and, eventually, how to reinterpret statutory provisions and legal principles that purport to generate trust amongst their addressees.

6. Free movement of persons

2020 ◽  
pp. 121-153
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Member State ◽  
General Principle ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Scope Of Application ◽  
Free Movement Of Persons ◽  
The Right ◽  
The Eu

This chapter discusses the law on the free movement of persons in the EU. Free movement of persons is one of the four ‘freedoms’ of the internal market. Original EC Treaty provisions granted free movement rights to the economically active—workers, persons exercising the right of establishment, and persons providing services in another Member State. The Treaty also set out the general principle of non-discrimination on grounds of nationality, ‘within the scope of application of the Treaty’. All these provisions are now contained in the Treaty on the Functioning of the European Union (TFEU). Early secondary legislation granted rights to family members, students, retired persons, and persons of independent means. The Citizenship Directive 2004/38 consolidated this legislation.

Calls of Duty: Romanian Politicians’ Deontological Discursive Strategies for Securing Free Movement in the European Union

2017 ◽  
Vol 25 (3) ◽  
pp. 43-66
Author(s):  
Saila Heinikoski
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Prime Ministers ◽  
Discursive Strategies ◽  
Eu Member States ◽  
Different Types ◽  
The Right ◽  
The Eu

This article discusses how the right to free movement within the European Union is presented as a matter of obligation, a duty of the other EU member states, in the discourse of Romanian Presidents and Prime Ministers (2005–2015). An examination of speeches and other statements from these politicians illuminates Romanian political reactions during the period when Romania became an EU member state, and reflects perceptions of Europeanness and European agreements. These issues take on an additional contemporary significance in the context of the Brexit negotiations, and they also add to the broader debate on whether EU norms and obligations are seen as being both just and equally applied. By analysing different types of argumentative topoi, I examine the deontological (obligation-based) argumentation employed in the free movement context. Furthermore, I examine to what extent these arguments are invoked in support of the right to free movement and who this right applies to. I argue that for Romanian politicians, deontological free movement arguments are connected to other states’ compliance with European treaties and to demands for equal application of European rules without discrimination, or the delegation of responsibility to others. This manifested itself most frequently in the calls for the EU and its member states to do their duty by treating Romanians equally to other EU citizens.

Laboratory medicine in the European Union

2015 ◽  
Vol 53 (1) ◽  
Author(s):  
Wytze P. Oosterhuis ◽  
Simone Zerah
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
Clinical Chemistry ◽  
Laboratory Medicine ◽  
Patient Treatment ◽  
European Federation ◽  
The European Union ◽  
Recent Developments ◽  
Important Challenge ◽  
The Eu

AbstractThe profession of laboratory medicine differs between countries within the European Union (EU) in many respects. The objective of professional organizations of the promotion of mutual recognition of specialists within the EU is closely related to the free movement of people. This policy translates to equivalence of standards and harmonization of the training curriculum. The aim of the present study is the description of the organization and practice of laboratory medicine within the countries that constitute the EU. A questionnaire covering many aspects of the profession was sent to delegates of the European Federation of Clinical Chemistry and Laboratory Medicine (EFLM) and Union Européenne de Médecins Spécialistes (UEMS) of the 28 EU countries. Results were sent to the delegates for confirmation. Many differences between countries were identified: predominantly medical or scientific professionals; a broad or limited professional field of interest; inclusion of patient treatment; formal or absent recognition; a regulated or absent formal training program; general or minor application of a quality system based on ISO Norms. The harmonization of the postgraduate training of both clinical chemists and of laboratory physicians has been a goal for many years. Differences in the organization of the laboratory professions still exist in the respective countries which all have a long historical development with their own rationality. It is an important challenge to harmonize our profession, and difficult choices will need to be made. Recent developments with respect to the directive on Recognition of Professional Qualifications call for new initiatives to harmonize laboratory medicine both across national borders, and across the borders of scientific and medical professions.

Obstacles to the Free Movement of Professionals: Mutual Recognition of Professional Qualifications in the European Union

2013 ◽  
Vol 15 (1) ◽  
pp. 47-68 ◽  
Author(s):  
Micheline van Riemsdijk
Keyword(s):  
Healthcare Workers ◽  
Mutual Recognition ◽  
Healthcare Delivery ◽  
Free Movement ◽  
The European Union ◽  
Skilled Workers ◽  
Hiring Managers ◽  
Single European Market ◽  
Nurses And Midwives ◽  
The Eu

Abstract European states are experiencing a shortage of healthcare workers, and hiring managers are increasingly looking for foreign-trained health professionals to fill care shortages. However, these workers often experience difficulties with the transfer of their professional qualifications across national borders. This article investigates the recognition of Polish nursing qualifications in the EU, studying the directives for mutual recognition of nursing qualifications, negotiations over Poland’s Accession Treaty, and efforts by the Polish Chamber of Nurses and Midwives to reverse its discriminatory conditions. It is argued that the exclusion of the Polish nursing unions from the accession negotiations constitutes a democratic deficit, and that the creation of a single European market is not yet achieved. The findings are placed in a larger discussion about the Europeanization of healthcare delivery, the harmonization of curricula in higher education, and the consequences of these developments for the free movement of skilled workers within the EU.

The Scope of the EU Treaty-Making Power on Foreign Investment: Between Wishful Thinking and Pragmatism

2016 ◽  
pp. 86-115
Author(s):  
Luis M. Hinojosa-Martínez
Keyword(s):  
European Union ◽  
Foreign Investment ◽  
Trade Agreement ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Lively Debate ◽  
The Common ◽  
Free Movement Of Capital ◽  
The Eu

Since the Treaty of Lisbon introduced ‘foreign direct investment’ into the provisions on the common commercial policy of the European Union (EU), the scope of that competence has raised a lively debate. Much less attention, however, has been paid to the rules on the free movement of capital in the Treaty on the Functioning of the European Union, although this area is highly relevant to clarify the blurred boundaries of the EU’s competence concerning foreign investment. This article reviews arguments from the chapter on the free movement of capital and from the recent European practice and case-law to shed light on the debate about the competence on foreign investment. It also depicts the circumstances in which the Court of Justice has to deliver its Opinion on the EU competence to sign and conclude the EU-Singapore Free Trade Agreement.

Развитие института взаимного признания и исполнения судебных решений в странах Европейского Союза

2019 ◽  
Vol 2 ◽  
pp. 71-86 ◽  
Author(s):  
Elena Maystrovich ◽  
Elena Kucheryavaya
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
Point Of View ◽  
Current Status ◽  
Access To Justice ◽  
Mutual Trust ◽  
The European Union ◽  
Procedural Law ◽  
Recognition And Enforcement ◽  
The Right

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 key issue 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 procedural law 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 territory of the European Union, the most suitable for the institution of mutual recognition and enforcement of judgments. The process of legal development of the institution of mutual recognition and enforcement of judgments and its current status are considered.

Europe and the Migrant Experience: Transforming Integration

2010 ◽  
Vol 28 (1) ◽  
pp. 14-28 ◽  
Author(s):  
Darrell Jackson
Keyword(s):  
European Union ◽  
Free Movement ◽  
Missio Dei ◽  
The European Union ◽  
Eu Policy ◽  
And Migration ◽  
The Eu

The European Union is founded upon a commitment to the free movement of people across its internal borders. Internal EU migration and migration into the EU have meant that central to EU policy has been a discussion of integration. This paper discusses the integration of migrants with reference to the missio Dei and contextualisation, advancing the view that a sensitive and mutual policy of integration is appropriate in the light of biblical and missiological insights. Core to the missiological task remains the ongoing transformation of the experience of integration in light of these insights. Practical steps are outlined.

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