“Only You”: The Emergence of a Temperate Mutual Trust in the Area of Freedom, Security and Justice and Its Underpinning in the European Composite Constitutional Order

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Table of Contents: I. Introduction: one or many faces of mutual trust in European integration? – II. The (slow but steady) emergence of a temperate mutual trust in the AFSJ: considerations from N.S., Aranyosi and C.K. – III. “Only You”. Why only a temperate understanding of mutual trust is in harmony with the European constitutional framework? – III.1. The enforcement of mutual recognition instruments and national courts’ ‘retail business’ dilemma. – III.2. The relevance of general principles of EU in relation to the enforcement and the effectiveness of secondary EU law: lessons from Berlusconi and Caronna. – III.3. Squaring the circle: the morphologies of mutual trust in European integration. – IV. Conclusions: the benefits of temperate mutual trust for the EU’s composite constitutional order.

Abstract: This Article aims at inquiring on the relation between mutual trust and fundamental rights in the functioning of mutual recognition instruments with special reference to EU constitutionalism, suggesting the emergence of and the need to frame a ‘temperate’ vision of mutual trust. After the introduction, highlighting the focal moments of the success of mutual trust in European integration process, the Article discusses the emergence of a more temperate interpretation of mutual trust by the CJEU. It then discusses these developments in the constitutional framework of the EU, suggesting with a three-tier argumentation that only a temperate declination of mutual trust can fit the composite constitutional framework of the EU in a harmonious fashion, while at the same time guaranteeing the enforcement of the mutual recognition instruments it aims to support.

Keywords: mutual recognition – mutual trust – fundamental rights – temperate mutual trust – dialogue among courts – horizontal Solange.

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European Papers, Vol. 2, 2017, No 1, pp. 141-157
ISSN
2499-8249 - doi: 10.15166/2499-8249/140

* Assistant Professor, Centre for European Studies, University of Twente, l.marin@utwente.nl.

 

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