Results found: 2

Search results

Search:
in the keywords: principle of mutual trust

Sort By:

Limit search:

The validity of the principle of mutual trust between the EU Member States in mutual assistance for the recovery of public claims

100%

Olszanowski J., Piątek W.

Adam Mickiewicz University Law Review

2016

vol. 6

91-102

The cooperation between the EU Member States for the recovery of public claims has been gradually strengthened through expanding the subjective scope to new categories of public claims, establishing forms of cooperation, most notably the possibility to recover claims arising in one state by authorities of another state, and establishing separate institutional frameworks of cooperation. The EU legislature placed great emphasis on the most transparent development of relationships between the EU Member States, and thus the validity of the principle of trust. The article analyses the current international cooperation in the recovery of public claims in view of the principle of mutual trust between the Member States that forms the basis for such cooperation.

The Principle of Mutual Trust in the Area of Freedom, Security and Justice. Analysis of Selected Case Law

88%

Losy O., Podolska A.

Adam Mickiewicz University Law Review

2018

vol. 8

185-204

The paper concerns the principle of mutual trust and its interpretation by the Court of Justice of the European Union as well as two other important European courts: the European Court of Human Rights and the German Constitutional Court. The paper presents the important change of direction in interpretation of the principle of mutual trust by the CJEU. Initially, the belief in the existence of mutual trust between member states was firm. Over time, however, it has turned out that even in the EU – which follows from a number of judgments of the ECtHR – violations of human rights sometimes happen. This dramatically undermines trust in foreign judicial systems. This led the CJEU to the conclusion that the principle of mutual trust is rebuttable and that in some circumstances limitations to the principles of mutual recognition and mutual trust can be made. This conclusion can be treated as an answer in the specific ‘judicial dialogue’ of the CJEU with the ECtHR and the German Constitutional Court – the two latter courts seemed to notice earlier that mutual trust between member states cannot be blind and unconditional.

Refine search results

2 Adam Mickiewicz University Law Review

1 Losy O.

1 Olszanowski J.

1 Piątek W.

1 Podolska A.

1 2018

1 2016

Search results

The validity of the principle of mutual trust between the EU Member States in mutual assistance for the recovery of public claims

The Principle of Mutual Trust in the Area of Freedom, Security and Justice. Analysis of Selected Case Law