How far should we trust each other?: The positive implementations and the negative implications of the European Union principle of mutual trust in the stages of jurisdiction and recognition and enforcement of foreign judgments in civil and commercial matters

The principle of mutual trust plays an undeniable role in the constitution and the continuous development of the European Union Area of Freedom, Security, and Justice. It enables people to move freely around the European Union Member States for various purposes, such as work, study, or even settling permanently in a different member state. Significantly, in order to enhance people’s access to justice in the European Union, the principle of mutual trust empowers the European Union to adopt measures and regulations relating to judicial cooperation in civil and commercial matters having cross-border implications such as those governing Private International law rules. Moreover, explicit implementations of the principle of mutual trust are found in the private international law regulations such as the doctrine of lis pendens and mutual recognition and enforcement of foreign judgments. On the other hand, the principle of mutual trust has negative implications in rejecting the application of some of private international law doctrines well known in the common law systems, mainly the doctrine of forum non-conveniens and anti-suit injunction.
According to the Court of Justice of European Union, the principle of mutual trust is based on the presumption of Member states’ compliance with the rule of law and fundamental rights, which is rebuttable only in exceptional cases. However, the reality shows that some member states are struggling to uphold the rule of law and fundamental rights in their justice systems. For the first time in the European Union history, The Court of Justice of the European Union delivered series of judgments against the Republic of Poland, declaring that it fails to observe and comply with its obligation to respect the right to effective judicial protection. As a result, the thesis seeks to answer a vital question: to what extent the principle of mutual trust should be respected when there is a serious case of violating fundamental rights by a member State’s justice system. The thesis also examines the positive implantations and negative implications of the principle of mutual trust. Moreover, it analyses, where possible, the way the principle of mutual trust is reflected in the practice of the English courts, taking into consideration the impact of the Brexit decision on the judicial cooperation between the UK and the EU Member States. Lastly, it identifies the best means, which can enhance and strengthen the meaning of the principle of mutual trust in the area.