“Trust” is currently a crucial concept in the political and legislative discourse of European institutions, as well as in some of the most notable decisions of the Court of Justice. More generally, mutual trust is an essential element of the European construction. This article develops a critical analysis about the approach by the European institutions, and especially by the Court of Justice to the principle of mutual trust, which has evolved in the reasoning of the Court from a mere discursive argument (supporting initiatives implementing the principle of mutual recognition) into a legal notion and finally up to a “fundamental principle” of the EU in its opinion 2/2013; thus completely disregarding its inherently subjective character and also its dynamic nature. According to the Author’s view, a more substantial understanding of mutual trust as the core objective and, at the same time, the foundation of EU’s criminal justice policy is required, essentially based on the idea of developing a shared legal culture while maintaining (at least in part) national diversity in criminal law.
|Titolo:||Introduction [General Principles for a Common Criminal Law Framework in the EU]|
|Data di pubblicazione:||2017|
|Appare nelle tipologie:||2.1 Contributo in volume (Capitolo o Saggio)|