The ECtHR, the CJEU and the AFSJ: a Matter of Mutual Trust

• Autores: Dominik Düsterhaus
• Localización: European law review, ISSN 0307-5400, Nº 3, 2017, págs. 388-401
• Idioma: inglés
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• Resumen

  • The ECtHR's Grand Chamber judgment in Avotins v Latvia concerning the execution of default judgments emanating from other Member States strikes a viable balance between admonishment of the Latvian Supreme Court and deference to EU law. The judgment is somewhat less convincing in its assessment of the specific procedural obligations at stake. Any appreciation of EU law mechanisms based on mutual trust should focus on whether doubts as to the respect of fundamental rights in the course of transnational judicial cooperation are effectively addressed in court.