IDEAS home Printed from https://ideas.repec.org/a/vrs/eurstu/v9y2022i1p178-204n4.html
   My bibliography  Save this article

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

Author

Listed:
  • Ozoráková Lilla

    (PhD. Researcher at the Faculty of Law of Comenius University in Bratislava, Department of International Law and International Relations.)

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.

Suggested Citation

  • Ozoráková Lilla, 2022. "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," European Studies - The Review of European Law, Economics and Politics, Sciendo, vol. 9(1), pages 178-204, August.
    • Handle: RePEc:vrs:eurstu:v:9:y:2022:i:1:p:178-204:n:4
    DOI: 10.2478/eustu-2022-0008
    as

    Download full text from publisher

    File URL: https://doi.org/10.2478/eustu-2022-0008
    Download Restriction: no
    File URL: https://libkey.io/10.2478/eustu-2022-0008?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Yu, Shu & Beugelsdijk, Sjoerd & de Haan, Jakob, 2015. "Trade, trust and the rule of law," European Journal of Political Economy, Elsevier, vol. 37(C), pages 102-115.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Álvarez, Inmaculada C. & Barbero, Javier & Rodríguez-Pose, Andrés & Zofío, José L., 2018. "Does Institutional Quality Matter for Trade? Institutional Conditions in a Sectoral Trade Framework," World Development, Elsevier, vol. 103(C), pages 72-87.
    2. Goeschl, Timo & Jarke, Johannes, 2014. "Trust, but verify? When trustworthiness is observable only through (costly) monitoring," WiSo-HH Working Paper Series 20, University of Hamburg, Faculty of Business, Economics and Social Sciences, WISO Research Laboratory.
    3. Fuchs, Andreas, 2016. "China’s Economic Diplomacy and the Politics-Trade Nexus," Working Papers 0609, University of Heidelberg, Department of Economics.
    4. Carlos Abreo & Ricardo Bustillo & Carlos Rodriguez, 2021. "The role of institutional quality in the international trade of a Latin American country: evidence from Colombian export performance," Journal of Economic Structures, Springer;Pan-Pacific Association of Input-Output Studies (PAPAIOS), vol. 10(1), pages 1-21, December.
    5. Rios, Vicente & Gianmoena, Lisa, 2020. "The link between quality of government and regional resilience in Europe," Journal of Policy Modeling, Elsevier, vol. 42(5), pages 1064-1084.
    6. Anderson, James E. & Borchert, Ingo & Mattoo, Aaditya & Yotov, Yoto V., 2018. "Dark costs, missing data: Shedding some light on services trade," European Economic Review, Elsevier, vol. 105(C), pages 193-214.
    7. Sebil Olalekan Oshota & Bashir Adelowo Wahab, 2022. "Institutional Quality and Intra-Regional Trade Flows: Evidence from ECOWAS," Journal of African Trade, Springer, vol. 9(1), pages 73-106, December.
    8. Banerjee, Ritwik, 2018. "On the interpretation of World Values Survey trust question - Global expectations vs. local beliefs," European Journal of Political Economy, Elsevier, vol. 55(C), pages 491-510.
    9. Yoto V. Yotov, 2021. "The Variation of Gravity within Countries (or 15 Reasons Why Gravity Should Be Estimated with Domestic Trade Flows)," CESifo Working Paper Series 9057, CESifo.
    10. Olivier BARGAIN & Jean-Marie CARDEBAT & Raphaël CHIAPPINI, 2020. "Trade Uncorked: Genetic Resistance and Quality Heterogeneity in Wine Exports," Bordeaux Economics Working Papers 2020-18, Bordeaux School of Economics (BSE).
    11. Peiró-Palomino, Jesús & Rodríguez-Crespo, Ernesto & Suárez-Varela, Marta, 2022. "Do countries with higher institutional quality transition to cleaner trade?," Ecological Economics, Elsevier, vol. 201(C).
    12. Jalan, Akanksha & Matkovskyy, Roman & Urquhart, Andrew & Yarovaya, Larisa, 2023. "The role of interpersonal trust in cryptocurrency adoption," Journal of International Financial Markets, Institutions and Money, Elsevier, vol. 83(C).
    13. Gideon Onyewuchi Ndubuisi, 2020. "Contractual frictions and the patterns of trade: The role of generalized trust," The Journal of International Trade & Economic Development, Taylor & Francis Journals, vol. 29(7), pages 775-796, October.
    14. Olivier Bargain & Jean‐Marie Cardebat & Raphaël Chiappini, 2023. "Trade uncorked: Genetic distance and taste‐related barriers in wine trade," American Journal of Agricultural Economics, John Wiley & Sons, vol. 105(2), pages 674-708, March.
    15. Melitz, Jacques & Toubal, Farid, 2018. "Somatic distance, cultural affinities, trust and trade," CEPR Discussion Papers 12895, C.E.P.R. Discussion Papers.
    16. Duc Bao Nguyen & Anne‐Gaël Vaubourg, 2021. "Financial intermediation, trade agreements and international trade," The World Economy, Wiley Blackwell, vol. 44(3), pages 788-817, March.
    17. Héloise Cloléry & Guillaume Hollard & Fabien Perez & Inès Picard, 2022. "Should we trust measures of trust?," Working Papers 2022-13, Center for Research in Economics and Statistics.
    18. Chiara Franco & Daniela Maggioni, 2022. "Does international trade favor proximity in cultural beliefs?," Eurasian Economic Review, Springer;Eurasia Business and Economics Society, vol. 12(3), pages 449-477, September.
    19. Victoria Pistikou, 2020. "The Impact of CEFTA on Exports, Economic Growth and Development," International Journal of Business and Economic Sciences Applied Research (IJBESAR), International Hellenic University (IHU), Kavala Campus, Greece (formerly Eastern Macedonia and Thrace Institute of Technology - EMaTTech), vol. 13(3), pages 15-31, December.
    20. Christian Bjørnskov & Pierre-Guillaume Méon, 2015. "The productivity of trust," Post-Print CEB, ULB -- Universite Libre de Bruxelles, June.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:vrs:eurstu:v:9:y:2022:i:1:p:178-204:n:4. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.sciendo.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.