Mutual trust in EU law : trust ‘in what’ and ‘between whom’?
European journal of legal studies, 2022, Vol. 14, No. 1, pp. 103-140
BOHAČEK, Lukáš, Mutual trust in EU law : trust ‘in what’ and ‘between whom’?, European journal of legal studies, 2022, Vol. 14, No. 1, pp. 103-140 - https://hdl.handle.net/1814/74554
Retrieved from Cadmus, EUI Research Repository
Mutual trust is a fundamental principle of European Union (EU) law. It co-creates and justifies the autonomous nature of the EU legal order and operates as a vital component of its proper functioning. With reference to the reasoning used by the Court of Justice of the EU to justify the existence of mutual trust in EU law, the article identifies the general legal characteristics of this principle and examines the limits of its application. In this respect, two questions are analysed: rust is complex and limited by ensuring the actual implementation of values enshrined in article 2 of the Treaty on European Union. As a related normative claim, it argues that the principle should be applied in a way that cannot endanger or undermine any of these values. Subsequently, it examines between what subjects the principle applies, focusing on the Member States, EU institutions, and even non-EU countries. As the principle applies mutually between its subjects, the article suggests that these subjects should be bound by the object of trust to the same extent and assesses whether this requirement is fulfilled.
Cadmus permanent link: https://hdl.handle.net/1814/74554
Full-text via DOI: 10.2924/EJLS.2022.007
External link: https://ejls.eui.eu/
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