# Mutual recognition

`kaal:entity:mutual-recognition`

**Status.** derived

This node is assembled mechanically from the 2 claims that carry the concept tag `mutual-recognition`. It is a roster of what the corpus says under this term. It is **not** an adjudicated definition: no single statement here has been ruled canonical, and no first-appearance call has been made. Read the claims and judge for yourself.

## Every claim under this term

2 claims across 2 works, 2004 to 2012.

**2004**

- [617681-030](https://wulfkaal.github.io/claims/617681-030) [failure/argued] *(failure mode)* -- For cross border enforcement the critical question is not whether a judgment will be enforced in another Member State but when: eventual enforcement is insufficient if a party has time to remove assets, and delayed injunctions can be worthless.
  > In many instances, the critical question is not whether a judgment will be enforced in another Member State, but when. "Eventually" is an insufficient answer if damages cannot be collected because a party has time to remove assets elsewhere.
  Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681

**2012**

- [2061166-006](https://wulfkaal.github.io/claims/2061166-006) [mechanism/argued] *(failure mode)* -- Mutual recognition of countercyclical capital buffers hollows out the national discretion the Commission proposal appears to grant: the financially strongest Member States with the largest financial sectors will effectively set the buffer size for smaller Member States whose institutions do business there.
  > Therefore, the financially stronger Member States with the largest financial sectors may dictate the size of countercyclical buffers for smaller Member States, thereby practically reducing any proposed national discretion.
  Christoph K. Henkel, Wulf A. Kaal, Contingent Capital in European Union Bank Restructuring (2012). SSRN: https://ssrn.com/abstract=2061166

## Verify

Every claim above resolves to a record carrying a verbatim source quote, the sha256 of the source PDF, and a preformatted citation. Nothing here asks to be taken on trust.

    curl -s https://wulfkaal.github.io/entities/mutual-recognition.md | sha256sum

**Canonical form.** This markdown file is the canonical hashed representation of this entity node. Its sha256 is the content hash.