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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (134 download)
Download or read book Mutual Trust as a General Principle of EU Law written by and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lynn Hillary
Publisher :
ISBN 13 : 9789400018020
Total Pages : 0 pages
Book Rating : 4.0/5 (18 download)
Download or read book Mutual Trust as a General Principle of EU Law written by Lynn Hillary and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Auke Willems
Publisher : Bloomsbury Publishing
ISBN 13 : 1509924566
Total Pages : 352 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Principle of Mutual Trust in EU Criminal Law written by Auke Willems and published by Bloomsbury Publishing. This book was released on 2021-02-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.
Author : Birgit Aasa
Publisher :
ISBN 13 :
Total Pages : 327 pages
Book Rating : 4.:/5 (125 download)
Download or read book The Principle of Mutual Trust in EU Law written by Birgit Aasa and published by . This book was released on 2021 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis examines the principle of mutual trust in European Union (EU) law - a nascent legal principle gradually trying to find its place in the EU legal and structural architecture and perhaps even in its constitutional hierarchy. In addition to exploring the principle from a doctrinal standpoint, the work investigates whether the way in which mutual trust has come to function in the Union legal order has the potential to foster actual trust in the EU, and between actors and subjects in the EU legal order. In order to do so, it draws on trust theories proposed by a wide range of social scientists. The doctrinal level of the thesis tracks the historical development and transformation of mutual trust and compartmentalises case law into four distinct jurisprudential generations, each with its specific set of characteristics, terminology, and functions. It does so in a broad manner, touching upon specific policy issues but not constrained by them. In this way, the thesis demonstrates how a principle first deployed in the internal market domain, aiming to encourage Member States to recognise each other's product inspections not to second guess or duplicate them, became a broad Article 2 value adherence presumption that Member States would live up to ideals such as democracy, rule of law, freedom, and equality, respect for human dignity and human rights. The thesis finds that the prevailing conception of mutual trust as a broad EU law and fundamental rights compliance presumption fails to satisfy even the objective parameters of trust as a concept, meaning that the contexts in which mutual trust is raised are usually not situations which would require an attitude of trust but rather compliance, legality, accountability, and judicial control. The way in which mutual trust has come to operate in the EU is more akin to an undemocratic institutionalisation of trust than the institutionalisation of mistrust the latter being more typical of free and democratic societies. In addition to its critique of the current functioning and understanding of the principle of mutual trust, the thesis offers novel insights toward rethinking and reconstructing the principle in order to better achieve its aspirations.
Author : Armin von Bogdandy
Publisher : Springer Nature
ISBN 13 : 366262317X
Total Pages : 478 pages
Book Rating : 4.6/5 (626 download)
Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Author : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
ISBN 13 : 184731726X
Total Pages : 544 pages
Book Rating : 4.8/5 (473 download)
Download or read book EU Criminal Law written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2009-03-16 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.
Author : Ziegler, Katja S.
Publisher : Edward Elgar Publishing
ISBN 13 : 1784712388
Total Pages : 656 pages
Book Rating : 4.7/5 (847 download)
Download or read book Research Handbook on General Principles in EU Law written by Ziegler, Katja S. and published by Edward Elgar Publishing. This book was released on 2022-04-22 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
Author : Ermioni Xanthopoulou
Publisher : Bloomsbury Publishing
ISBN 13 : 1509922261
Total Pages : 249 pages
Book Rating : 4.5/5 (99 download)
Download or read book Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice written by Ermioni Xanthopoulou and published by Bloomsbury Publishing. This book was released on 2020-04-30 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has long been presumed by the Court in a manner that mutual recognition was prioritised in regard to, but to the detriment of, the protection of fundamental rights. After thoroughly reviewing this relationship, this book offers a comprehensive framework of proportionality and explores its impact on the protection of fundamental rights in a mutual trust environment. It applies a theoretical and a normative framework of proportionality to two case studies (EU criminal and asylum law) by reference to several fundamental rights, enabling a carefully constructed analysis with useful parallels. The book argues that such analysis, based on proportionality, is not always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores its impact on the protection of fundamental rights vis-à-vis mutual trust.
Author : Stefan Vogenauer
Publisher : Bloomsbury Publishing
ISBN 13 : 1509910700
Total Pages : 622 pages
Book Rating : 4.5/5 (99 download)
Download or read book General Principles of Law written by Stefan Vogenauer and published by Bloomsbury Publishing. This book was released on 2017-06-15 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.
Author : Thomas Wischmeyer
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.:/5 (13 download)
Download or read book Generating Trust Through Law? - Judicial Cooperation in the European Union and the 'Principle of Mutual Trust' written by Thomas Wischmeyer and published by . This book was released on 2016 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: For a long time, EU institutions have emphasized the connection between one of the most important concepts of the integration method, mutual recognition, and the presence of mutual trust between EU Member States. Only recently, the ECJ reaffirmed in its Opinion 2/13 that mutual trust is at the heart of the EU and a “fundamental premiss” of the European legal structure. But can law really restore, advance or even govern by trust? This question is crucial for the EU of today, which finds itself in the midst of a severe crisis of trust. For the EU as a community “based on the rule of law” generating trust through law might seem the natural, maybe the only politically viable response to a crisis of trust. Nevertheless, even if one agrees that the rule of law requires people to place trust in legal rules, and that courts and administrative agencies need to trust each other in order to work efficiently and consistently, how would legal rules be able to generate or promote trust? Moreover, isn't it deeply rooted in our ideas about constitutional government that democratic law must institutionalize mutual distrust rather than govern by trust? These conceptual and normative objections did not stop the European Union from pursuing the project of trust-building through law in one of the most sensitive areas of EU law, judicial cooperation in civil and criminal matters. This Article will ask whether the project to promote trust through law is a promising one, and, eventually, how to reinterpret statutory provisions and legal principles that purport to generate trust amongst their addressees.
Author : Cecilia Rizcallah
Publisher :
ISBN 13 : 9782802771968
Total Pages : 0 pages
Book Rating : 4.7/5 (719 download)
Download or read book The Principle of Mutual Trust in European Union Law written by Cecilia Rizcallah and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to the Court of Justice of the European Union, the legal structure of the European Union: 'is based on the fundamental premiss that each Member State shares with all the other Member States, and recognises that they share with it, a set of common values on which the EU is founded, as stated in Article 2 TEU.' Fundamental rights, the rule of law and democracy occupy a central place among these common values. The Court holds that this premiss 'implies and justifies the existence of mutual trust between the Member States.' However, for several years, the European Union has been suffering from a crisis of values. This crisis stems from the undermining of the values on which the European Union is supposedly based. Yet, references to mutual trust between Member States has never been more prevalent in the official discourse. Like the adage 'there is never so much talk about water as in the desert,' is the rise in popularity of mutual trust symptomatic of the climate of mistrust between the Member States? This book centres around this question, raised by the success of the principle of mutual trust at a time when the context betrays fundamental divisions between the Member States regarding the meaning of European integration and the values on which it is based. To answer this question, the first part of the book seeks to clear the ground and to offer a cross-cutting definition of the principle of mutual trust in EU law, which applies both to internal market law and to the law of the area of freedom, security and justice. In this respect, the presumptive mechanism seems to offer the best description of the principle studied. The second part of the book analyses the apparently consubstantial link between this principle and the founding values of the EU. In that regard, it appears that the common set of values has an ambivalent relationship with the principle of mutual trust, being both its normative basis and its imperfect limit. The book closes with a third part analysing the essential role played by the principle of mutual trust in EU law at the intersection of the imperatives of unity, diversity and equality which drive European integration. Given the threats currently faced by the founding values of the EU, it argues in favour of moving mutual trust from the rank of postulate to that of method.
Author : Christine Janssens
Publisher : OUP Oxford
ISBN 13 : 0191653896
Total Pages : 1970 pages
Book Rating : 4.1/5 (916 download)
Download or read book The Principle of Mutual Recognition in EU Law written by Christine Janssens and published by OUP Oxford. This book was released on 2013-10-31 with total page 1970 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the principle of mutual recognition in the EU legal order, this book takes a cross-policy approach to focus on the principle in the internal market and in the criminal justice area. It asks whether the principle of mutual recognition, as developed in relation to the free movement provisions (internal market), can equally be applied in judicial cooperation in criminal matters (the area of freedom, security, and justice), and if such a cross-policy application is desirable. Divided into three parts, the book first looks at the way this principle functions in the internal market. Part II examines how the principle works in judicial cooperation in criminal matters, with the final part answering the book's central questions. In each part, further related questions are asked: What is the object of the principle of mutual recognition? Who are the main actors involved? How does the mechanism of mutual recognition operate (with an emphasis on the existing limits to mutual recognition)? How does mutual recognition relate to harmonization and to mutual trust? What is the relevance of equivalence requirements and the distribution of competence between the home (issuing) State and the host (executing) State? What are the main characteristics of the principle of mutual recognition? And is it a workable principle? Through an in-depth analysis of the relevant Treaty provisions, EU legislation, EU case law, and EU policy documents, the book comes to the conclusion that a cross-policy application of the principle of mutual recognition is both feasible and desirable.
Author : Carlos Closa
Publisher : Cambridge University Press
ISBN 13 : 1107108888
Total Pages : 357 pages
Book Rating : 4.1/5 (71 download)
Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author : Andrea Biondi
Publisher : Edward Elgar Publishing
ISBN 13 : 1783477784
Total Pages : 235 pages
Book Rating : 4.7/5 (834 download)
Download or read book Solidarity in EU Law written by Andrea Biondi and published by Edward Elgar Publishing. This book was released on with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.
Author : Koen Lenaerts
Publisher : Oxford University Press
ISBN 13 : 0198851596
Total Pages : 1025 pages
Book Rating : 4.1/5 (988 download)
Download or read book EU Constitutional Law written by Koen Lenaerts and published by Oxford University Press. This book was released on 2022-01-16 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.
Author : Xavier Groussot
Publisher :
ISBN 13 :
Total Pages : 27 pages
Book Rating : 4.:/5 (13 download)
Download or read book Regulatory Trust in EU Free Movement Law - Adopting the Level of Protection of the Other? written by Xavier Groussot and published by . This book was released on 2016 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principles of mutual trust and mutual recognition are well-established features of EU law. On a technical level, it is clear that the principles may require adoption of foreign levels of protection in individual cases as well as in legislation. At a closer look, however, the principles through “the rule of reason” also may imply quite the opposite: the imposing of domestic requirements on foreign goods, services etc. The ECJ case law following the Cassis judgment may be seen as striking a balance between cooperation and member state self-determination, or between trust and distrust, in different fields. This contribution aims at looking into the regulatory function of the legal principle of trust in EU law. Taking this wider regulatory perspective, the mutual recognition regimes of EU must be seen from a holistic perspective. Rather than dwelling upon harmonized and non-harmonized fields separately, we will approach mutual trust as one, albeit multi-faceted, concept, where harmonization, proportionality assessments and Member State actions in various fields of law form part of the same wider picture. In this regulatory perspective, the law on mutual trust and mutual recognition may be seen as a balancing between the regulatory interests of the EU (promoting free movement and cooperation) and the various member states (promoting their interests of - alleged - protection of safety of various kinds). Through this perspective, we will be able to address trust in the intersection, more precisely the tension between regulation and deregulation; between unity and diversity; and between integration and disintegration, present in EU law on a very general level. The first section of this contribution will look at the constitutional life of mutual trust within the ECJ case law: looking at its origins and main logic. The second section will attempt to clarify why the principle of mutual trust is mostly invisible in the free movement jurisprudence. This section also argues for understanding mutual recognition in terms of Regulatory Trust. The last section focuses on the thorny issue of the levels of protection and attempts to understand which are the key factors used by the ECJ in reviewing the (host) States measures that restrict free movement law and thus may constitute a break to the application of the principles of mutual trust and mutual recognition.
Author : Evelien Renate Brouwer
Publisher :
ISBN 13 :
Total Pages : 79 pages
Book Rating : 4.:/5 (993 download)
Download or read book Mapping Mutual Trust written by Evelien Renate Brouwer and published by . This book was released on 2015 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on discourses on trust developed by other social sciences, this collective working paper aims to frame the meaning and reach of the notion of mutual trust as relied upon in the field of EU law with a view to contributing to its conceptualization. The structure of the paper reflects that ambition: starting with a rich contribution replacing mutual trust within the context of the history of ideas, followed by a critical reflection on the role of mutual trust in the EU market integration process, the working paper then carefully inquires into the role of mutual trust in the Area of Freedom, Security and Justice - in particular in the fields of civil and criminal justice cooperation - where references to mutual trust have been the most apparent over the past decade, before attempting to understand the significance of mutual trust for the management of the Union as a polity. Albeit to varying extent, all legal contributions explore the potential and limits of mutual trust as a notion governing regulatory choices and judicial interpretations, if not the EU legal system as a whole, while being anchored in substantive law analyses. All contributions were finalized at the end of 2015.
