The paper seeks to shed some light on the principle of mutual trust in terms of judicial interaction within the European multilevel fundamental rights protection. In this regard, Section 1 briefly illustrates the key role played by the unwritten principle of mutual trust in the European Union’s Area of Freedom, Security and Justice. In the following Section, it is explored the cross fertilization that has been under way, over the last few years, between the Court of Justice of the European Union and the European Court of Human Rights in the context of the Dublin Regulation and the European Arrest Warrant. Lastly, in Section 3 the author argues that the recent European case law on mutual trust has positively impacted on the dialogue among Luxembourg, Strasbourg and national judicial authorities
Galimberti, M. (2018). Another brick in the wall? Shaping mutual trust between courts in the European multilevel system of fundamental rights protection. In C. Santos Botelho, L. Heleno Terrinha, P. Coutinho (a cura di), Constitutionalism in a Plural World (pp. 167-183). Porto : Universidade Católica Editora.
Another brick in the wall? Shaping mutual trust between courts in the European multilevel system of fundamental rights protection
Galimberti, M
2018
Abstract
The paper seeks to shed some light on the principle of mutual trust in terms of judicial interaction within the European multilevel fundamental rights protection. In this regard, Section 1 briefly illustrates the key role played by the unwritten principle of mutual trust in the European Union’s Area of Freedom, Security and Justice. In the following Section, it is explored the cross fertilization that has been under way, over the last few years, between the Court of Justice of the European Union and the European Court of Human Rights in the context of the Dublin Regulation and the European Arrest Warrant. Lastly, in Section 3 the author argues that the recent European case law on mutual trust has positively impacted on the dialogue among Luxembourg, Strasbourg and national judicial authoritiesFile | Dimensione | Formato | |
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