The Mutual Recognition of Decisions in Civil and Commercial Matters in the European Union in the Light of the Full Faith and Credit Clause of the U.S. Constitution

Abstract

In the conclusions of the European Council of Tampere and the Council Programme of Measures for Implementation of the Principle of Mutual Recognition of Decisions in Civil and Commercial Matters, the European Union approved the principle of mutual recognition of judicial decisions in order to remove barriers to the ‘free movement of judgments’. When the U.S. Constitution was drafted more than 200 years ago, the same problem had to be tackled. Article IV Section 1 of the Constitution was the solution found at the time. This article gives an overview over the state of play of the Community activities concerning the mutual recognition of decisions in civil and commercial matters, seen from the perspective of the U.S. Constitution.