Infringement of the Right to a Fair Trial as a Ground for Non-Recognition of a Foreign Judgment under the Brussels Ibis Regulation

Abstract

The development of the free movement of judgments under the Brussels I bis and Brussels II bis regulations created certain risks for the protection of the right to a fair trial. Understanding the current possibilities to use violations of the right to a fair trial and how it could be affected by the risks of further development n simplification of the current framework on movement of civil judgment will help us to create new approaches to the balancing of the benefits of enhanced free movement of judgments and the need to protect the right to a fair trial. Achieving the abovementioned objectives is possible through the method of analyzing of the relevant legislation as well the case law and recent literature related to the topic. To assess all the possible implications of using the right to a fair trial in order to block the enforcement of foreign decisions, the wide context of the movement of civil judgments within the EU is used.