The Challenges to Trust-Based Governance in the European Union: Assessing the Use of Mutual Trust as a Driver of EU Integration
(2019) European Law Journal : review of European law in context — p. 37-56 (2019)
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- The principle of mutual trust, which is “of fundamental importance in EU law” constitutes a vital parameter for integration between Member States within the European Union. Indeed, in allowing Member States to open up to each other despite their legal diversities, the principle of mutual trust is an attractive tool in governance for achieving a borderless European area without going through the unification of the various national laws. The analysis of the consequences of the principle of mutual trust in the internal market and in the area of freedom, security and justice shows that it enables Member States to exercise, to a certain degree, their prescriptive and enforcement powers extraterritorially throughout the whole European area and, thus, in the territory of other Member States. While the objective of enabling EU integration without jeopardizing national autonomy is beyond doubt legitimate, this trust-based governance nonetheless raises several challenges. Indeed, integration by means of mutual trust may be problematic with regard to concerns such as national sovereignty, democratic legitimacy, the protection of individual prerogatives, state liability and the duty of public authorities to protect the public interest.
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Rizcallah, C. (2019). The Challenges to Trust-Based Governance in the European Union: Assessing the Use of Mutual Trust as a Driver of EU Integration. European Law Journal : review of European law in context, 37-56. https://doi.org/10.1111/eulj.12303 (Original work published 2019)