Recognition and enforcement in the EU – mutual trust and the protection of fundamental freedoms

• Main Author: Ines Medić
• Format: Article
• Language: English
• Published: Pravni fakultet Sveučilišta u Splitu 2017-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Splitu
• Subjects: European Union; recognition and enforcement; mutual trust; fundamental human rights
• Online Access: http://hrcak.srce.hr/file/259529

In the area of freedom, security and justice, mutual trust is closely related to mutual recognition. Mutual recognition enables the decision reached in one member state to be recognised and enforced in another member state as if it were a domestic decision. There is no mutual recognition without mutual trust. There is no mutual trust without protection of fundamental human rights. Even though in primary EU law it is not expressedly stated, mutual trust is explicitly stated as the intersection of numerous acts of secondary EU law. Unfortunately, the European legislator has not made an effort to clarify the possible meanings and role of this syntagma. Therefore, in this paper we refer to the development of the idea of mutual trust, then to the role of mutual trust as foundations for recognition and enforcement in the context of the internal market and the area of freedom, security and justice and finally, in EU court’s and European Court of Human Rights’ practice.