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The Principle Of Mutual Trust In European Union Law
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Book Synopsis The Principle of Mutual Trust in European Union Law by : Cecilia Rizcallah
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.
Book Synopsis The Principle of Mutual Trust in EU Criminal Law by : Auke Willems
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.
Book Synopsis The Principle of Mutual Trust in EU Law by : Birgit Aasa
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.
Book Synopsis The Principle of Mutual Recognition in EU Law by : Christine Janssens
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.
Book Synopsis Solidarity in EU Law by : Andrea Biondi
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.
Book Synopsis Generating Trust Through Law? - Judicial Cooperation in the European Union and the 'Principle of Mutual Trust' by : Thomas Wischmeyer
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.
Book Synopsis Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice by : Ermioni Xanthopoulou
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.
Book Synopsis EU Criminal Law by : Valsamis Mitsilegas
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.
Book Synopsis Defending Checks and Balances in EU Member States by : Armin von Bogdandy
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.
Book Synopsis Reinforcing Rule of Law Oversight in the European Union by : Carlos Closa
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.
Book Synopsis Mutual trust under pressure, the transferring of sentenced persons in the EU by : Tony Marguery
Download or read book Mutual trust under pressure, the transferring of sentenced persons in the EU written by Tony Marguery and published by . This book was released on 2018 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Principle of Mutual Recognition in the Area of Freedom Security and Justice by : Mihael Pojbič
Download or read book The Principle of Mutual Recognition in the Area of Freedom Security and Justice written by Mihael Pojbič and published by . This book was released on 2019 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mutual recognition in the EU is both a goal and a principle in of itself, constructed and operationalised through individual provisions. The principle of mutual recognition is regarded as fundamental in enabling cooperation between Member States both in civil and criminal matters. The principle of mutual recognition has long ago outgrown the Internal Market and seeped through into judicial matters between Member States in the AFSJ. The accompanying realisation that the EU is not just an economic area is therefore evident. Since the inception of the idea of a Europe free of classical border checks facilitating freedom of movement was manifested, the fear of circumventing the application of judicial decisions became evermore real. Therefore, monumental changes in the fields of international criminal and international private law were expected and implemented in the European union (EU), through the principle of mutual trust and mutual recognition. Subsequently, classical concepts of private international and international criminal law gave way to Europeanised concepts of exequatur, the public policy exception, the principle of reciprocity, the principle of double criminality and the principle of specialty to name a few. It should be noted that these rules had been reserved to be enacted by the Member States. However, by loosening those principles the guarantees and freedoms which they either explicitly or implicitly guard are in danger of being sidestepped in order to enable mutual recognition. Therefore, at the forefront of the debate of mutual recognition of judicial decisions is the question of protecting fundamental rights and legal principles enshrined both in European and domestic legislation of the Member States. The balancing act that the EU preforms has to be careful enough to facilitate mutual recognition while not jeopardizing mutual trust between Member States. Today both EU private international law and EU criminal law work on the basis of the provisions which facilitate mutual recognition and limit it within the AFSJ. Since the basic idea behind mutual recognition is the same, i.e. free movement of judicial decisions, both their manifestations and their limits should strive to respect the basic framework of the field of law form which they stand. While the principle of mutual recognition has been slowly and methodically evolving, there is a sense of urgency with the development of the principle of mutual recognition in criminal matters.
Book Synopsis Mutual Trust as a General Principle of EU Law by :
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:
Book Synopsis Mapping Mutual Trust by : Evelien Renate Brouwer
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.
Book Synopsis The Nature of Mutual Recognition in European Law by : Wouter van Ballegooij
Download or read book The Nature of Mutual Recognition in European Law written by Wouter van Ballegooij and published by . This book was released on 2015-07-01 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is substantial disagreement in academic literature over how to address the tensions between the application of mutual recognition and the safeguarding of individual rights, particularly in the EU's criminal justice arena. This book investigates those tensions by re-examining the nature of mutual recognition in European law from an individual rights perspective. A key question is the role played by mutual recognition in the process of reconciling free movement and other interests. The book contains a comparative analysis of mutual recognition in the internal market and the 'area of freedom, security, and justice.' It assesses mutual recognition in the context of the aims of both areas, as well as the principles of European law and norms laid down in primary/secondary EU law. The analysis follows mutual recognition in the fields of product requirements, professional qualifications, and judicial decisions in criminal matters. The book concludes that the core function of mutual recognition has been obscured by assertions made by EU policy makers regarding its consequences, which fail to distinguish between policy objectives, integration methods, and legal obligations. This has also led to a debate among academics and an interpretation of mutual recognition by the Court of Justice which presents an unnecessary conflict between the application of mutual recognition and the safeguarding of individual rights. It is argued that, for mutual recognition to have a stable future in the EU criminal justice area, clarity regarding its aims is urgently required and individual rights need to be enhanced, both in judicial cooperation measures and through harmonization of suspects' rights in criminal proceedings. (Series: Ius Commune Europaeum - Vol. 138) [Subject: European Law, Human Rights Law, Criminal Justice]
Book Synopsis The Principle of Mutual Trust in EU Criminal Law by : Auke Willems
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.
Book Synopsis Research Handbook on General Principles in EU Law by : Ziegler, Katja S.
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.
