Europäisches Zivilprozessrecht und Demokratieprinzip

In the European Union, the mutual recognition of judicial decisions has become an obligation which has been extended considerably in the past few years. In many cases, default judgments from other member states have to be recognized even if it is obvious that the initial court has wrongly claimed to have jurisdiction. In the USA, the state courts are obligated to refuse recognition in comparable cases. The EU explains the general waiver of grounds for non-enforcement with the improved cross-border legal redress and the mutual trust in the administration of justice. Michael Weber questions whether or not the trust in effective judicial reviews in the member state of origin conforms to the constitutional standards which apply according to the German Basic Law for the democratic legitimation of judicial decisions and the transfer of sovereignty to other states.