The principle of mutual recognition of judicial decisions in eu law in the light of the ‘full faith and credit’ clause of the us constitution

Por Werner Miguel Kühn

"The present article aims at shedding light on the so-called “principle of mutual recognition”, known in the legal systems of both the United States of America (US) and the European Union (EU), however showing characteristics of its own depending on the area in which it respectively applies. For that purpose, the present article will elaborate on the constitutional concept of federalism, in which the principle of mutual recognition is often applied. Subsequently, it will examine the advantages of this principle with regard to the mechanism of approximation of national/state legislation. A brief analysis of the principle of mutual recognition of judicial decisions in US law will serve as the starting point for a detailed narration of the efforts done by the EU in order to implement this principle in its own legal system. This narration will be complemented by an overview of some of the main legal acts so far adopted. Particular emphasis will be given as well to the role the judiciary has played in the shaping of this principle. An analysis of the relevant case-law will prove relevant, as it shall be maintained that the doctrinal basis for this principle was to a large extend developed by the highest courts in the US and the EU."

Copyright 2018 - elDial.com - editorial albrematica - Tucumán 1440 (1050) - Ciudad Autónoma de Buenos Aires - Argentina

---

Términos mencionados en esta doctrina: principle, recognition.