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Published on December 29th, 2017 | by Argyro Myzithra

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New Book: Le principe de reconnaissance mutuelle et le droit international privé

Authors: Emmanuelle Bonifay
Editor : L.G.D.J
Collection: Thèses
ISBN: 978-2-37032-141-1
Release date: 12/2017
Page number: 522 pages
Language: French

Declared the “cornerstone” of judicial cooperation in civil matters within the area of freedom of security and justice, the principle of mutual recognition has become a true motive of the construction of European private international law. Like any right deriving from the internal market, this principle is used in two ways: on the one hand in the European regulations which, laying down the principle of mutual recognition of judicial decisions, attempt to achieve a general elimination of the exequatur procedure, and on the other hand, in the jurisprudence of the Court of Justice of the Union, which uses this concept to correct the obstacles caused by national conflict of laws rules to the free movement of citizens, by setting out a real principle of mutual recognition of situations. In particular, these obstacles are created in case of infringement of the principle of continuity of the personal and family legal situations which make up the identity of the citizens of the Union.
As a vector of new directions in the objectives of private international law, the principle of mutual recognition has a definite influence on the implementation of national rules of private international law in situations involving citizens of the European Union, in support of their free movement. In view of this, the time has come to question the ability of this principle to be combined with the traditional role of the rule of conflict of laws. Far from competing with the principle of mutual recognition and private international law within the AFSJ (Area of Freedom, Security and Justice), the study of their interaction should be concluded by their conciliation, in order to reassign private international law its traditional role, which is to ensure the coordination of legislation. Thus, the European currency “united in diversity” would find all its meaning.

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