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- Title
Judicial Coherence in the Area of Freedom, Security and Justice - Squaring Mutual Trust with Effective Judicial Protection.
- Authors
Düsterhaus, Dominik
- Abstract
This article explores the multiple manifestations of the principle of mutual trust across the European Union's (EU) Area of Freedom, Security and Justice (AFSJ). It particularly seeks to show that the amount of trust required in a given field is inversely proportionate to the degree of EU legislative precision, not least since the safeguards are still greatest where the stakes for individual freedom are the lowest, i.e. in civil matters. While it is submitted that more effective remedies and further procedural harmonisation are in need, the EU model of complementary judicial protection based on mutual trust is found to comply with both the EU Charter of Fundamental Rights (CFR) and the European Convention on Human Rights (ECHR) provided that doubts as to the effectiveness of protection which an individual is being afforded in a mutual trust situation can immediately be lifted by Court of Justice of the European Union (CJEU).
- Subjects
EUROPEAN Union; EUROPEAN Convention on Human Rights; LEGISLATIVE bodies; COMPARATIVE negligence; CHARTER of Fundamental Rights of the European Union (2000)
- Publication
Review of European Administrative Law, 2015, Vol 8, Issue 2, p151
- ISSN
1874-7981
- Publication type
Article
- DOI
10.7590/187479815X14465419060460