Mutual recognition was formally introduced as a regulatory method for civil justice in the Tampere European Conclusion in 1999. It is questionable whether this choice was supported by full awareness of the complex legal political and societal challenges that it entails. However, this issue is by now of secondary importance, as the current reality is that mutual recognition is the chosen regulatory strategy. Thus, a more functional question to ask is whether we can now make mutual recognition work and by what means.
To this end, based on the relevant literature and legal practice (of the CJEU, in particular), the main challenges and shortcomings of mutual recognition in the civil justice field will be identified. Drawing on the outcomes of this analysis, some thoughts will be presented on the tools to support mutual recognition and to contain its undesired impact.
