Article 81 [Judicial Cooperation in Civil Matters

Abstract

The Preamble of the TEU declares that the establishment of an area of freedom, security, and justice (AFSJ) will facilitate the free movement of persons while ensuring the safety and security of people in the Union. Judicial cooperation in civil matters is one of the three pillars of this area, which is dealt with in one and only provision, Article 81 TFEU. This article crystallises five decades of cooperation among Member States. Throughout these years, the legal basis for cooperation in civil matters has evolved and the legislative procedure to adopt these texts has been modified. Today, the AFSJ is built on a pattern of variable geometry where Member States may be involved to different degrees. As a result, the AFSJ is a complex area of cooperation where the pursuance of concurring policies (i.e. ensuring mutual recognition, fulfilling the internal market and granting access to justice) makes it difficult to identify a clear constitutional design.