Private International Law and Protection of the Rule of Law: Enforcement and Mutual Trust

Matthias Weller

Chapter 8 in Private International Law and Global Crises, 2026, pp 166-186 from Edward Elgar Publishing

Abstract: How can the (non-)enforcement of foreign judgments protect the rule of law? The European Commission, in its summary of the ‘EU's Rule of Law Toolbox’ of 2024, does not mention private international law, nor any role that the Member States might have to contribute at the horizontal level of judicial cooperation, be it with third States, be it with other Member States. However, it is submitted in this chapter that private international law can do and is already doing more for the protection of the rule of law than is currently realised. The recurring key question in this context is: what is the impact of Article 2 TEU on the public policy exceptions of private international law in light of the principle of mutual trust under EU primary law and the general challenge of ‘trust management’ for enforcement of foreign decisions, be it from other Member States or third States?

Keywords: Rule of law; Mutual trust; Recognition and enforcement of judgments; European Union; EU; Hague Conference on Private International Law; HCCH; Public policy (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035360192
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