Polish-Hungarian Scientific Forum – Recognition of Foreign Instruments in International Law and Domestic Law of States

On 6 February 2026, scholars and researchers from across Central Europe gathered online within the framework of the Polish-Hungarian Scientific Forum to explore one of the enduring yet increasingly complex questions of civil procedure – the recognition and evidentiary use of foreign documents and foreign court decisions. The conference, therefore, provided a platform for comparative reflection on the various domestic models for recognizing foreign documents and foreign court decisions, and on how these models operate at the intersection of national procedural law and the relevant rules of international and EU law. By bringing together perspectives from several Central European jurisdictions, the discussions highlighted both the theoretical foundations and the practical functioning of recognition mechanisms in cross-border civil matters, with a particular focus on authenticity, evidentiary use, and procedural effectiveness.

As was stressed during the presentation of Prof. Dr. Marko S. Knežević from the University of Novi Sad, documents have historically occupied a central and indispensable place in civil proceedings, shaping both the structure and the outcome of judicial decision-making. The use of foreign documents, however, is not a phenomenon born of the contemporary globalized era; rather, its roots extend much deeper into the development of procedural law. Yet, in today’s legal reality, marked by intensified cross-border movement of people, goods, and legal relationships, their role has become significantly more pronounced and practically unavoidable.

This observation served as an important point of departure for the broader discussion, inviting reflection on how modern legal systems reconcile traditional formal requirements with the functional necessity of recognizing foreign legal instruments. It is precisely within this intersection of legal tradition, procedural formalism, and the demands of cross-border justice that the core questions of the conference emerged, setting the stage for a deeper examination of recognition, authenticity, and evidentiary value in an increasingly interconnected legal order.

The conference commenced with opening remarks delivered by Dr. Katarzyna Zombory, Research Director of the CEA, who welcomed the participants and set the academic framework for the discussion. This was followed by an opening address by Prof. Dr. Marcin Wielec, Associate Professor at Cardinal Stefan Wyszyński University in Warsaw, who reflected on the broader significance of comparative legal dialogue in contemporary Europe. The introductory part of the program concluded with a presentation by Prof. Dr. János Ede Szilágyi, Strategy Director of the CEA and Full Professor at the University of Miskolc, who introduced the current research directions and academic initiatives of the CEA, thereby providing a broader institutional and scholarly context for the discussions that followed.

The academic program of the conference unfolded through two thematic panels which brought together a diverse group of speakers from across Central Europe, including: Prof. Dr. Paweł Czubik (Judge of the Polish Supreme Court and Full Professor at the Krakow University of Economics), Dr. Łukasz Piebiak (Associate Professor at the Collegium Intermarium University), Dr. Rafał Stasikowski (Assistant Professor at the Nicolaus Copernicus University), Dr. Andrzej Skowron (Assistant Professor at the Polonia University), Dr. Lilla Garayová (Associate Professor at the Pan-European University), Prof. Dr. Tena Hoško (Associate Professor at the University of Zagreb), Prof. Dr. Marko S. Knežević (Associate Professor at the University of Novi Sad), Prof. Dr. Jugastru Calina (Full Professor at the Lucian Blaga University of Sibiu), Prof. Dr. Neža Pogorelčnik Vogrinc (Associate Professor at the University of Ljubljana), and Dr. Bálint Kovács (Assistant Professor at the University of Szeged).

A central theme of the conference concerned the evidentiary role of foreign documents and the broader procedural frameworks governing their recognition in domestic proceedings. Rather than focusing on a single regulatory model, the discussions reflected the diversity of legal approaches through which different jurisdictions seek to ensure authenticity, reliability, and procedural fairness when foreign legal instruments are introduced in cross-border contexts. In this regard, attention was drawn to the variety of mechanisms and procedural pathways developed across legal systems to facilitate recognition while maintaining essential safeguards.

At the same time, the comparative perspective of the conference demonstrated that the regulation of foreign documents cannot be approached through a uniform solution. Legal systems differ in their procedural traditions, degrees of formalism, and methods of verifying authenticity, which inevitably leads to variations in how foreign documents and decisions are assessed in practice. What may be considered sufficient proof in one jurisdiction may require additional verification in another, reflecting the broader diversity of civil procedural cultures across Europe and the ongoing effort to balance legal certainty with the practical realities of cross-border legal interaction.

Rather than seeking rigid harmonization, the discussions highlighted the importance of functional equivalence and mutual legal trust as guiding principles in cross-border civil justice. The recognition of foreign documents does not merely concern technical procedural rules; it directly affects legal certainty, access to justice, and the effectiveness of transnational legal relations. In an increasingly interconnected legal space, procedural barriers may no longer be viewed solely as safeguards, but also as potential obstacles to the smooth functioning of cross-border cooperation.

The conference therefore underscored the need to balance procedural formalism with practical efficiency. While authentication, legalization, and translation remain essential tools for ensuring the reliability of foreign documents, excessive formal requirements may undermine the very purpose of recognition by creating unnecessary procedural burdens. A functional and proportionate approach, sensitive to both legal certainty and procedural economy, appears to be the emerging direction within contemporary comparative civil procedure.

In this broader context, the recognition of foreign documents and foreign judicial decisions may be understood not merely as a technical procedural issue, but as a reflection of deeper structural questions concerning sovereignty, mutual trust, and the evolution of cross-border justice. The diversity of national approaches does not necessarily indicate fragmentation; rather, it illustrates the dynamic nature of legal systems adapting to shared challenges in an interconnected world.

Ultimately, the conference reaffirmed that the future development of civil procedure in Europe will increasingly depend on the ability of legal systems to accommodate cross-border realities while preserving the fundamental guarantees of authenticity, fairness, and legal certainty. The dialogue opened during this conference thus contributes to an ongoing scholarly and practical effort to shape a more coherent and functionally responsive framework for the recognition of foreign legal instruments.