The Principle of Mutual Recognition of Judicial Decisions in EU Law in the Light of the "Full Faith and Credit" Clause of the US Constitution

Résumé 0

The paper shows a comparative analysis of the law of the United States of America (US) and the European Union (EU)focusing on theprinciple of mutual recognition, which has served as a basis in order to achieve the enforcement of judicial decisions by the authorities of the different Member States. It illustrates the origins and evolution f this principle within the US legal system, as well as its recent implementation within the European integration system with the aim of creating a common space of freedom, security and justice. The paper lists and analizes a substancial number of legal acts adopted so far in the area of civil and criminal law. Furthermore, it highlights the influence the case-law of the US Supreme Court and the Court of Justice of the EU has had on the development of this principle. Moreover, it elaborates on the function of this principle as a nation-building element, raising the question whether this concept could be possibly transposed to a regional integration system with clear federal traits such as the EU.