The Interplay of Mutual Recognition and Mutual Trust with The Principle of Effectiveness in The EU Legal Framework: Harmony or Conflict?
Year: 2026
Type: article
Abstract: The principles of mutual recognition and mutual trust are essential for judicial cooperation in the European Union (EU), particularly in the context of cross-border recognition and enforcement of judgments. Instruments such as the Recast Brussels I Regulation and the European Enforcement Order Regulation exemplify the EU’s reliance on these principles to facilitate legal integration and uphold the functioning of the internal market. At the same time, the principle of effectiveness requires that EU law be implemented in a way that ensures its full practical impact. This article thus analyses how these principles interact, especially when recognition and enforcement obligations may raise concerns related to fundamental rights or the integrity of national legal systems. Drawing on legislative texts and the case law of the Court of Justice of the EU, the study critically examines the legal and practical challenges that emerge in applying these principles in tandem across diverse legal contexts. The article argues that the EU system of recognition and enforcement of judgments is built on a delicate balance between the aforementioned principles, where refusal grounds – though seemingly limitations – ultimately serve to uphold and reinforce the proper functioning of the overall system by ensuring compliance with EU law.
Source: Oslo Law Review
DOI: 10.18261/olr.13.1.2
Author: Martina Smojver
Institutions: University of Antwerp, University of Rijeka
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7138255752
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