Erkännande och verkställighet av utländska domar : Kommer det komma en tid för full implementering av principen om ömsesidigt förtroende?

• Main Author: KARLSSON, JOSEFINE
• Format: Others
• Language: Swedish
• Published: Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap 2013
• Subjects: Private international law; recognition and enforcement; the principle of mutual trust; the principle of mutual recognition; Internationell privaträtt; erkännade och verkställighet; principen om ömsesidigt förtroende; principen om ömsesidigt erkännande
• Online Access: http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-21421

The economical and judicial cooperation that EU constitutes results in that there is an increasing amount of international disputes arising. These international disputes in turn result in questions concerning private international law. The principle of mutual trust is not only an important principle in the entire judicial cooperation but especially important in the area of private international law. The principle means that the member states have to trust each other and the different legal systems. The aim of the principle is to ensure a well functioning internal market that is permeated by free circulation and freedom of establishment. In order to achieve a well functioning internal market it is necessary that the member states trust each other. The development during the last years have resulted in that the recognition and enforcement have been and will be improved as well as simplified in the entire area of private international law. The question the author has in mind is if there will be a time when the EU and its member states are ready for full implementation of the principle of mutual trust. Such implementation would mean that the member states have to trust each other and the different legal systems completely and be willing to let go of the possibility to refuse to recognise and enforce judgments issued in other member states. The discussion in the paper leads to the conclusion that the author finds it unlikely that there will be such a time. This conclusion is based on the discussion of the development and the reasons behind it and also the situation of the EU today. The economical crisis within the union is also in an aspect likely to have an effect on whether or not member states are willing to trust each other’s legal systems. The result of this situation and the previous development in the area leads the author to the conclusion that it will probably be necessary to maintain some sort of safeguards in the future also, either by grounds for refusal or minimum standards.