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The EU Treaties and the Charter of Fundamental RightsA Commentary$
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Manuel Kellerbauer, Marcus Klamert, and Jonathan Tomkin

Print publication date: 2019

Print ISBN-13: 9780198794561

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198794561.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 06 December 2021

Chapter 3 Judicial Cooperation in Civil Matters

Chapter 3 Judicial Cooperation in Civil Matters

Chapter:
(p.852) Chapter 3 Judicial Cooperation in Civil Matters
Source:
The EU Treaties and the Charter of Fundamental Rights
Author(s):

Michael Wilderspin

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198759393.003.169

Civil cooperation in civil matters serves the purpose of facilitating the mutual recognition of judgments in this field, with the ultimate goal of allowing a judgment handed down in one MS to circulate freely throughout the Union. It was included within the scope of the EC Treaty for the first time in 1999 with the entry into force of the ToA. Nevertheless, action by the MS of the Union acting together has a much longer history in that they concluded conventions in this field, in 1968 and 1980 respectively, which have served as models for instruments adopted after 1999. Furthermore, the then MS embarked upon an ambitious and, at the time, over-optimistic programme of harmonizing MS’ rules on conflict of laws as early as 1967; realization of this programme, which became feasible only after 1999, is still not complete.

Keywords:   EC Treaty, mutual recognition of judgments, Civil cooperation

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