<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>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.</p>
</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.

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

PhD. Researcher at the Faculty of Law of Comenius University in Bratislava

Department of International Law and International Relations

European Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

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...

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

Data publikacji: 15 paź 2022

Zakres stron: 178 - 204

DOI: https://doi.org/10.2478/eustu-2022-0008

Słowa kluczowe
principle of mutual trust, fundamental rights, the rule of law, judicial cooperation in civil matters, Court of Justice of the European Union

© 2022 Lilla Ozoráková, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

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

Data publikacji: 15 paź 2022

Zakres stron: 178 - 204

DOI: https://doi.org/10.2478/eustu-2022-0008

Słowa kluczoweprinciple of mutual trust, fundamental rights, the rule of law, judicial cooperation in civil matters, Court of Justice of the European Union

© 2022 Lilla Ozoráková, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Słowa kluczowe
principle of mutual trust, fundamental rights, the rule of law, judicial cooperation in civil matters, Court of Justice of the European Union