Mutual (Dis-)trust in the Area of Freedom, Security and Justice?

2021 ◽  
Vol 14 (2) ◽  
pp. 5-28
Author(s):  
Kathrin Hamenstädt
Keyword(s):  
Mutual Recognition ◽  
Vertical Dimension ◽  
Mutual Trust ◽  
Mutual Exclusivity ◽  
Member States ◽  
Horizontal Dimension ◽  
Potential Impact ◽  
New Perspective ◽  
The Relationship

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.

Safeguarding Suspects' Rights in Europe

2011 ◽  
Vol 14 (4) ◽  
pp. 611-665 ◽  
Author(s):  
Jacqueline S. Hodgson
Keyword(s):  
Criminal Justice ◽  
Fair Trial ◽  
Mutual Trust ◽  
Judicial Cooperation ◽  
Member States ◽  
Incremental Approach ◽  
Defense Lawyer ◽  
New Perspective ◽  
The Eu

This article analyses the protection of suspects’ rights within the relatively new sphere of EU criminal justice. It evaluates both EU and ECHR protections through the lens of comparative criminal justice, emphasizing the importance of understanding the ways that safeguards for suspects operate in practice across different jurisdictions. By linking together analysis of ECHR fair trial guarantees, EU measures to strengthen police and judicial cooperation, and comparative insights into the function of the defense lawyer, it brings a new perspective to the discussion of how best to protect suspects subject to EU cooperation measures. It challenges the effectiveness of mutual trust and recognition, which is the principle underpinning EU criminal justice cooperation, and which assumes ECHR compliance across Member States. In addition to uneven compliance and enforcement, ECHR protections lack the detail and prescriptive qualities required to protect adequately suspects subject to new EU measures for extradition and evidence sharing. Differences in criminal procedural tradition have made difficult any agreement on universal safeguards for suspects at the EU level, but the EU's new incremental approach to defense rights through the Roadmap and recent ECtHR caselaw have altered the legal landscape, giving cause for optimism.

scholarly journals Sincere Cooperation, Mutual Trust, and Mutual Recognition in Social Security Coordination

2020 ◽  
Vol 13 (3) ◽  
pp. 89-108
Author(s):  
Henrik Wenander
Keyword(s):  
Social Security ◽  
Mutual Recognition ◽  
Case Law ◽  
Free Movement ◽  
Mutual Trust ◽  
Social Security Systems ◽  
Security Systems ◽  
Member States ◽  
Legislative Choice

This article looks into the meaning of the concepts of sincere cooperation, mutual trust, and mutual recognition in EU social security coordination. It analyses the legislative choice of coordination as the main regulatory mechanism in the field, and examines the role of administrative cooperation. Furthermore, the article highlights the challenges that arise in situations where mutual recognition is required under the Regulations, as in connection with portable documents relating to the posting of workers. It also considers the limits to mutual trust via the principle of prohibition of fraud and abuse of rights established in the case law of the CJEU on free movement. In the last few years, this principle has been extended into the field of social security law, notably in Altun. In this way, the coordination regime does not require totally blind trust: rather, it balances the Member States' interests of maintaining the integrity of their social security systems with the Union interest of simplifying free movement. As in other fields of EU law relating to free movement, the mutual trust between the Member States in social security coordination may therefore be set aside in extraordinary cases.

scholarly journals The al-Ula GCC Summit: An End to Gulf Rivalry or Mere Truce?

2021 ◽  
Vol 23 (Winter 2021) ◽  
Author(s):  
Marwan Kabalan
Keyword(s):  
Member State ◽  
Foreign Minister ◽  
Gulf Cooperation Council ◽  
The State ◽  
Mutual Trust ◽  
Member States ◽  
Social Distancing ◽  
The Relationship ◽  
Two Sides ◽  
State 1

Three-and-a-half-years into the crisis that struck the heart of the Gulf Cooperation Council (GCC), the 41st Gulf Summit, held on January 5, 2021, in the Saudi city of al-Ula, brought the blockade of Qatar to an end. The summits final communiqué stated that the GCC member states will “stand together as one to confront any threat to the security of the block” and prevent any “violation of sovereignty of any member state.”1 According to the Saudi Foreign Minister, Faisal bin Farhan, “points of disagreement with Qatar have been solved.”2 The Saudi minister declined to give more details on the compromises the two sides may have agreed on and the timeframe for their implementation. Lack of enthusiasm in the state-owned media on both sides of the fence suggests, however, that the agreement will merely return the relationship between the parties to the pre-June 5, 2017 position. So far, the two sides blame COVID-19 for ‘social distancing.’ Trade has not been fully resumed and cross-borders movement of goods and peoples remain low. It is assumed that cold peace is likely to prevail until the two sides re-establish mutual trust, which was badly damaged, especially at the level of the heads of states.

scholarly journals Canaries in a coal mine: Rule of law deficiencies and mutual trust

Pravni zapisi ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 371-395
Author(s):  
Petra Bárd
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Mutual Recognition ◽  
Fundamental Rights ◽  
European Convention ◽  
Mutual Trust ◽  
Member States ◽  
Legal Principles ◽  
Human Rights Regime ◽  
Protection Of Human Rights

The value decline in the EU has manyfold consequences. It jeopardizes the very essence of Europe as a community of values. At the same time it endangers legal principles, such as mutual recognition, which is based on mutual trust presuming that all Member States are based on the rule of law and protect fundamental rights. Once trust is rebutted, Member States' judicial authorities will refuse to cooperate and recognise each other's judgments in order not to become complicit in individual rights violations and not to contradict the European Convention for the Protection of Human Rights and Fundamental Freedoms. This paper argues that EU law must allow for such considerations and suspend mutual recognition-based laws not only on a case-by-case basis, as it happens today in practice, but in general with regard to Member States undergoing rule of law decline, in order to uphold the EU's fundamental rights culture, and EU law's equivalency with the Convention's human rights regime.

15. Harmonisation

2020 ◽  
pp. 340-357
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Member State ◽  
Mutual Recognition ◽  
Internal Market ◽  
The European Union ◽  
Individual Action ◽  
Member States ◽  
General Power ◽  
The Relationship

This chapter examines the effectiveness of harmonisation in removing barriers to the four freedoms of the internal market in the European Union (EU). It explains the degree of variation amongst negative, positive, total and minimum harmonisation. It considers the relationship between mutual recognition and harmonisation and discusses concerns regarding the freedom of Member States to take individual action in harmonised fields and Member State competence. It evaluates the scope of the EU’s power to enact harmonising measures in the context of the internal market and the extent to which the Union effectively has a general power to regulate. The chapter also discusses the relevant procedures of Articles 114 and 115 of the Treaty on the Functioning of the European Union (TFEU).

scholarly journals Towards the end of mutual trust? Prison conditions in the context of the European Arrest Warrant and the transfer of prisoners framework decisions

2018 ◽  
Vol 25 (6) ◽  
pp. 704-717 ◽  
Author(s):  
TP Marguery
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
Fundamental Rights ◽  
Mutual Trust ◽  
The European Union ◽  
Judicial Cooperation ◽  
Social Functions ◽  
Member States ◽  
Legal Fiction ◽  
European Arrest Warrant

This article contends that the presumption of mutual trust between the European Union Member States is a legal fiction. In the context of transfer of a custodial sentence from one country to another based on mutual recognition and mutual trust, a failure of the latter can have detrimental effects on judicial cooperation and, especially, on the functions of punishment. In particular, mutual recognition and mutual trust create a bridge between the external limits of punishment (fundamental rights) and the internal limits to the functions of punishment (retribution, deterrence and rehabilitation). The non-compliance with individuals’ fundamental rights undermines the very social functions of punishment. Such a failure can only be prevented if the Member States and the European Union endeavour to establish and maintain a truly integrated penal policy with concerns for individuals at its very core.

Social Movements and Social Capital: A Network Perspective on Movement Outcomes

1997 ◽  
Vol 2 (2) ◽  
pp. 129-147 ◽  
Author(s):  
Mario Diani
Keyword(s):  
Social Capital ◽  
Social Movements ◽  
Collective Identity ◽  
Mutual Recognition ◽  
Political Elites ◽  
Mutual Trust ◽  
Structural Position ◽  
The Social ◽  
The Impact ◽  
The Relationship

This article presents an approach to the study of the consequences of social movements that focuses on their capacity to produce "social capital." By social capital I mean ties that are based on mutual trust and mutual recognition among the actors involved in the relationship, although they do not necessarily imply the presence of collective identity. The influence of social movements may be regarded as dependent on their structural position, i.e., on the solidity of the linkages within the movement sector as well as—more crucially—of the bonds among movement actors, the social milieu in which they operate, and cultural and political elites. Therefore, the impact of a given movement or movement sector will be assessed in the light of changes in its components' relative centrality in various social networks. The broader the range of social capital ties emerging from a period of sustained mobilization, the greater the impact.

Fostering a European criminal law culture

2018 ◽  
Vol 9 (3) ◽  
pp. 308-325 ◽  
Author(s):  
Rosaria Sicurella
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Mutual Recognition ◽  
Essential Element ◽  
Shared Vision ◽  
Mutual Trust ◽  
Legal Systems ◽  
Judicial Cooperation ◽  
Legal Concept ◽  
Member States

“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. However, unlike mutual recognition, trust is not in itself enshrined in the treaty. Indeed, mutual trust is an essential element of the European construction. The Luxembourg Court took a quite radical position on presumed mutual trust. However, a more substantial understanding of mutual trust as the core objective and, at the same time, the foundation of European Union’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. This article aims at showing that fostering mutual trust requires that the latter is not approached only as a legal concept but rather as a notion resting also on an inherent subjective dimension. This calls for non-legal forms of trust building aimed at enhancing awareness of other Member States’ legal systems and commonalities. In particular, attaining a deeper knowledge of these differing systems and thereby enhancing mutual understanding is essential in order both to nurture the belief that other Member States are reliable and trustworthy and to instill an attitude of “openess to others’ vision” that is expected to improve judicial cooperation, and more generally integration of Member States’ legal systems, and a true dialogue among legal practitioners and criminal law scholars. Indeed, developing such a shared vision of criminal justice will presumably lead to the progressive definition and development of common legal concepts as the basic contents for a European legal theory of criminal law.

Exploring the Potential Impact of Sentence-Level Comprehension and Sentence-Level Fluency on Deaf Students' Passage Comprehension

2020 ◽  
Vol 63 (7) ◽  
pp. 2281-2292
Author(s):  
Ying Zhao ◽  
Xinchun Wu ◽  
Hongjun Chen ◽  
Peng Sun ◽  
Ruibo Xie ◽  
...  
Keyword(s):  
Independent Predictor ◽  
Vocabulary Knowledge ◽  
Group Differences ◽  
Regression Analyses ◽  
Deaf Students ◽  
Mediating Role ◽  
Sentence Level ◽  
Mediating Mechanisms ◽  
Potential Impact ◽  
The Relationship

Purpose This exploratory study aimed to investigate the potential impact of sentence-level comprehension and sentence-level fluency on passage comprehension of deaf students in elementary school. Method A total of 159 deaf students, 65 students ( M age = 13.46 years) in Grades 3 and 4 and 94 students ( M age = 14.95 years) in Grades 5 and 6, were assessed for nonverbal intelligence, vocabulary knowledge, sentence-level comprehension, sentence-level fluency, and passage comprehension. Group differences were examined using t tests, whereas the predictive and mediating mechanisms were examined using regression modeling. Results The regression analyses showed that the effect of sentence-level comprehension on passage comprehension was not significant, whereas sentence-level fluency was an independent predictor in Grades 3–4. Sentence-level comprehension and fluency contributed significant variance to passage comprehension in Grades 5–6. Sentence-level fluency fully mediated the influence of sentence-level comprehension on passage comprehension in Grades 3–4, playing a partial mediating role in Grades 5–6. Conclusions The relative contributions of sentence-level comprehension and fluency to deaf students' passage comprehension varied, and sentence-level fluency mediated the relationship between sentence-level comprehension and passage comprehension.

Centralization and Effectiveness of Reward Management in Multinational Enterprises

2018 ◽  
Vol 17 (2) ◽  
pp. 55-65 ◽  
Author(s):  
Michael Tekieli ◽  
Marion Festing ◽  
Xavier Baeten
Keyword(s):  
Decision Making ◽  
Social Identity Theory ◽  
Multinational Enterprises ◽  
Role Identity ◽  
Management Decision ◽  
Role Identities ◽  
Management Decision Making ◽  
New Perspective ◽  
Subsidiary Managers ◽  
The Relationship

Abstract. Based on responses from 158 reward managers located at the headquarters or subsidiaries of multinational enterprises, the present study examines the relationship between the centralization of reward management decision making and its perceived effectiveness in multinational enterprises. Our results show that headquarters managers perceive a centralized approach as being more effective, while for subsidiary managers this relationship is moderated by the manager’s role identity. Referring to social identity theory, the present study enriches the standardization versus localization debate through a new perspective focusing on psychological processes, thereby indicating the importance of in-group favoritism in headquarters and the influence of subsidiary managers’ role identities on reward management decision making.

Sign in / Sign up

Export Citation Format

Share Document