Mutual Recognition in Civil Law Cooperation: The Case of Child Abduction — Some General Remarks in the Light of the Jurisprudence of the Cjeu (the Brussels Ii Bis Regulation)
| Date | 01 December 2015 |
| Published date | 01 December 2015 |
| DOI | 10.1177/203228441500600409 |
| Subject Matter | Session 3: Mutual Trust in the AFSJ: What Lessons for the Criminal Law Field? |
452 Intersentia
MUTUAL RECOGNITION
IN CIVIL LAW COOPERATION
e Case of Child Abduction – Some General
Remarks in the Light of the Jurisprudence
of the CJEU (the Brussels II Bis Regulation)*
L B L**
EDITOR’S NOTE
Judge Lars Bay Larsen’s paper does not focus speci cally on cr iminal law but it is of most
instructive in terms of understanding the genesis and di culties of the principle of
mutual recognition based on mutual trust and incidentally it follows neatly on the
conference of the European Criminal Bar Assoc iation in the Court of Justice on 3October
2015 where, ably led by Advocate General Sharpston, the same topic was disc ussed.
e Court i s not going to abandon mutual trust for a system arguably more sensitive to
fundamental rights. It is for that reason that Judge Bay Larsen’s clear message is so
important. It is that mutual tru st is not blind trust and systemic de ciencies in a given
requesting State may not be ignored, but that there is a presumption which should
normally ap ply, that fundamental r ights have been respe cted in the requestin g Member
State.
e point being, of course, th at presumption can be rebutted.
SC
* * *
* is contribution is to be considered an Opinion which is based on the oral intervention made on
13November 2014 at the LUISS University of Rome, wit h reference to the trad itional NJECL division
between Ar ticles and Opinions.
** Judge, Court of Just ice of the European Union.
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