The principle of mutual recognition of judgments
Article 21(1) – A judgment given in a Member State shall be recognised in the other Member States without any special procedure being required.
- Judgments from one Member State should be recognised as having valid legal status in other Member States with the minimum of procedure.
- Brussels IIbis aims to provide for the free circulation of parental responsibility judgments throughout the EU for the convenience of parents and the courts of the Member States. The principle of mutual recognition is strongly supported by the European Court of Justice in its case law.
- A judgment on custody of the child; deciding where the child should live and with whom, who the child has access to and when and for how long; where the child should attend school and the future care of the child can therefore have legal force in any other Member State (except Denmark) under Brussels IIbis. The judgment may therefore have legal effect in Member States other than that which issued it.