The Shifting Approach of the Court of Justice of the European Union towards the Principle of Mutual Trust and the Impact of the Rule of Law

Ozoráková Lilla ()
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Ozoráková Lilla: PhD. Researcher at the Faculty of Law of Comenius University in Bratislava, Department of International Law and International Relations.

European Studies - The Review of European Law, Economics and Politics, 2022, vol. 9, issue 1, 178-204

Abstract: The principle of mutual trust is based on the idea that there is mutual confidence between Member States that their national legal systems are in line with the European Union law and are able to provide similar protection of the shared values. However, the experience of last years has brought multiple challenges questioning these fundamental building blocs. This article focuses on understanding the role of fundamental rights and the rule of law in limiting the principle of mutual trust as suggested by the case law of the Court of Justice of the European Union (CJEU). It discusses the shift in the approach of the CJEU towards the limitations, exploring whether the recent case law suggests that the current crises of values, including the systemic violations of the rule of law and fundamental rights play a crucial role in widening the limits of mutual trust.

Keywords: principle of mutual trust; fundamental rights; the rule of law; judicial cooperation in civil matters; Court of Justice of the European Union (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:eurstu:v:9:y:2022:i:1:p:178-204:n:4

DOI: 10.2478/eustu-2022-0008

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