Recognition as a Substitute for Conflict of Laws?

Abstract

This piece is a chapter in a forthcoming book on ‘General Principles of European Private International Law'. It weighs a whole spectre of arguments for and against an EU version of the Full Faith and Credit Clause in the US constitution. The article summarizes over a decade scholarly debate in Europe, fuelled by of ECJ decisions and Commission proposals. It favours obliging authorities and courts to recognise legal situations that have been recorded in official documents or public registers by other Member States, provided that appropriate conditions and safeguards are in place. Among these conditions and safeguards is the existence of a sufficient connection between the legal situation and the Member State of origin of the document or register entry as well as a well-defined public policy exception. The article concludes that recognition will not replace conflict of laws, but may be a welcome second pillar for achieving harmonious solutions in a judicial area with rising mobility of its citizens.

Keywords: Private international law, conflict of law, recognition, documents, public registers, legal situations, public policy, full faith and credit, civil status records, less bureaucracy, Anerkennung, reconnaissance

JEL Classification: K33, K41