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
Date Written: January 1, 2008
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
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