Please use this identifier to cite or link to this item: http://bura.brunel.ac.uk/handle/2438/23243
Title: Mutual (dis-)trust in the Area of Freedom, Security and Justice?
Authors: Hamenstädt, K
Issue Date: 1-Jul-2021
Publisher: Paris Legal Publishers
Citation: Hamenstädt, K. (2020) 'Mutual (dis-)trust in the Area of Freedom, Security and Justice?', Review of European Administrative Law, 14 (2), pp. 5 - 28. doi: 10.7590/187479821X16254887670865.
Abstract: Copyright © 2020 The Author. Mutual trust constitutes the foundation of the principle of mutual recognition, which in turn embodies a cornerstone of the Area of Freedom, Security and Justice (AFSJ). This contribution explores the development of the relationship between trust and distrust in two mutual recognition regimes of the AFSJ. It bases on the premise that trust and distrust are inextricably linked, and that their relationship should not be perceived as one of mutual exclusivity or contradiction. The analysis addresses exceptions to mutual recognition, which are often perceived as manifestations of distrust, and examines their potential impact on mutual trust. It is submitted that exceptions to mutual recognition are necessary requirements for building and maintaining trust in the AFSJ and that they constitute an adaptation of the principle of mutual recognition to the particularities of the AFSJ. Next to the horizontal dimension of trust (i.e., trust among Member States) the analysis adds a new perspective by highlighting the importance of the vertical dimension of trust.
URI: https://bura.brunel.ac.uk/handle/2438/23243
DOI: https://doi.org/10.7590/187479821X16254887670865
ISSN: 1874-7981
Other Identifiers: ORCID iD: Kathrin Hamenstädt https://orcid.org/0000-0001-5686-2230
Appears in Collections:Brunel Law School Research Papers

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