While FAA can use JATR recommendations as just recommendations - EASA seem clear on what is required for EASE to certify the aircraft in EASA land.
“Aircraft longitudinal stability is subject to airworthiness requirements. Boeing has to demonstrate compliance of the 737 MAX airframe with these requirements. Consequences of failures of systems affecting potentially the aircraft stability need to be assessed using acceptable safety analysis methodology also subject to airworthiness requirements,” EASA said in its published statement.
https://www.aviationtoday.com/2019/0...eturn-service/