Abstract
In recent years, widespread concerns have been expressed about some of the proposed reforms to the judicial system in Poland posing a risk to the rule of law and the independence of the judiciary in the country. The present contribution argues that the proposed reforms also threatens the mutual trust between EU Member States, which is the backbone of judicial cooperation in civil matters. It will show how mutual trust underpins the mutual recognition of judgments under various EU Regulations and discusses to what extent these regimes allow for exceptions to mutual recognition in case of fundamental rights concerns in the Member State of origin of a judgment. It is shown that the Court of Justice of the European Union (CJEU) maintains a strict approach to such cases, allowing for exceptions only in extreme cases. The case law of the European Court of Human Rights (ECtHR) is shown to be deferential to the authority of the CJEU in this regard.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
