The Recognition of Foreign Judgments Lacking Reasons in Europe: Access to Justice, Foreign Court Avoidance and Efficiency

57 International and Comparative Law Quaterly 25 (2008)

28 Pages Posted: 8 May 2012 Last revised: 9 May 2012

See all articles by Gilles Cuniberti

Gilles Cuniberti

University of Luxembourg; Universite du Luxembourg - Faculty of Law, Economics and Finance

Date Written: January 1, 2008

Abstract

The recognition of foreign judgments lacking reasons raises several policy issues. Reason-giving is perceived by the European Court of Human Rights as critical to ensure an effective access to justice. Yet, foreign judgments often lack reasons because the defendant failed to appear before the foreign court, and it may be right to sanction this strategy of foreign court avoidance. Finally, the European Union has begun to implement its policy of efficiency of cross-border enforcement, which commands states to recognize such judgments irrespective of any other consideration. This article explores whether these conflicting issues can be reconciled.

Keywords: Conflict of Laws, Foreign judgments, Reason giving, Public policy exception, Human rights

Suggested Citation

Cuniberti, Gilles, The Recognition of Foreign Judgments Lacking Reasons in Europe: Access to Justice, Foreign Court Avoidance and Efficiency (January 1, 2008). 57 International and Comparative Law Quaterly 25 (2008). Available at SSRN: https://ssrn.com/abstract=2054807 or http://dx.doi.org/10.2139/ssrn.2054807

Gilles Cuniberti (Contact Author)

University of Luxembourg ( email )

Faculté de Droit
4, rue Alphonse Weicker
Luxembourg, 2721
Luxembourg

Universite du Luxembourg - Faculty of Law, Economics and Finance ( email )

4 rue Alphonse Weicker
Luxembourg, L-2721
Luxembourg

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