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One Principle to Rule them All? Anatomy of Mutual Trust in the Area of Freedom, Security and Justice
Sara Migliorini1; Francesco Maiani2
2020-02
Source PublicationCommon Market Law Review
ISSN01650750
Volume57Issue:1Pages:7-44
Abstract

In its case law on the Area of Freedom, Security and Justice, the ECJ has put great emphasis on the “principle of mutual trust”. However, there is still relatively little analysis of the nature and content of the principle as it applies across the whole range of AFSJ law. This article aims to provide such an analysis. Taking a holistic approach, it examines the principle as established under Treaty provisions, legislation and case law relating to the AFSJ. It addresses its legal effects and unpacks its core normative propositions, also revisiting the issue of its relations with fundamental rights. The article concludes that, in essence, the principle is no more and no less than a bundle of interpretive doctrines. Its function is to enhance the effet utile of AFSJ legislation and to provide it with some doctrinal unity, without constraining the legislature's wide discretion in determining the form or degree of “mutual trust” required of the Member States under every individual AFSJ instrument. 

Language英語English
PublisherKluwer
Document TypeJournal article
CollectionDEPARTMENT OF GLOBAL LEGAL STUDIES
Affiliation1.FLL, University of Macao
2.University of Lausanne
First Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Sara Migliorini,Francesco Maiani. One Principle to Rule them All? Anatomy of Mutual Trust in the Area of Freedom, Security and Justice[J]. Common Market Law Review, 2020, 57(1), 7-44.
APA Sara Migliorini., & Francesco Maiani (2020). One Principle to Rule them All? Anatomy of Mutual Trust in the Area of Freedom, Security and Justice. Common Market Law Review, 57(1), 7-44.
MLA Sara Migliorini,et al."One Principle to Rule them All? Anatomy of Mutual Trust in the Area of Freedom, Security and Justice".Common Market Law Review 57.1(2020):7-44.
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