Reference : The Recognition of Judgments Lacking Reasons in Europe: Access to Justice, Foreign Co...
Scientific journals : Article
Law, criminology & political science : Judicial law
Law / European Law
http://hdl.handle.net/10993/24380
The Recognition of Judgments Lacking Reasons in Europe: Access to Justice, Foreign Court Avoidance and Efficiency
English
Cuniberti, Gilles mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit]
2008
International and Comparative Law Quarterly (The)
British Institute of International & Comparative Law
57
25-52
Yes
International
0020-5893
[en] The recognition of foreign judgments lacking reasons raises several policy issues. Reason-giving is perceived by the European Court of Human Rights as critical to ensure an effective access to justice. Yet, foreign judgments often lack reasons because the defendant failed to appear before the foreign court, and it may be right to sanction this strategy of foreign court avoidance. Finally, the European Union has begun to implement its policy of efficiency of cross-border enforcement, which commands states to recognize such judgments irrespective of any other consideration. This article explores whether these conflicting issues can be reconciled
http://hdl.handle.net/10993/24380
also: http://hdl.handle.net/10993/25651
10.1017/S002058930800002X

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