Issues Relating to the Refusal of Recognition in Romania of a Judgment Pronounced in Another Member State of the European Union Contrary to Public Policy
Issues Relating to the Refusal of Recognition in Romania of a Judgment Pronounced in Another Member State of the European Union Contrary to Public Policy

Summary/Abstract: The principle of mutual recognition of judgments, enshrined in Article 81 of the Treaty on the Functioning of the European Union, is justified by the mutual trust between the Member States in the administration of justice and a judgment given by the courts of a Member State should be treated as if would have been pronounced in the requested Member State, according to the relevant recitals in the European Union Regulation 1215/2012, also called the Brussels I recast Regulation.But the fact that judgments given in a Member State are recognized in the other Member States without the need for any special procedure does not mean that the requested State would not be able to refuse to recognize those judgments. From this point of view, the European legislator has regulated and the Court of Justice of the European Union has rigorously explained the cases in which, at the request of the interested party, a judgment is not recognized.One of the cases of refusal that we have come to analyse in the present study is the one in which the recognition of a judgment given in a Member State of the European Union is manifestly contrary to the public policy (ordre public) of the requested Member State.

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