@article{2023:canor:restoring_,
title = {Restoring Faith in EU Values: Mutual Trust and Systemic Deficiencies in the Member States},
year = {2023},
note = {In the evolving context of European Union public law, mutual trust has
risen as a pivotal structural principle, anchoring the horizontal
relationship among EU Member States, particularly in areas falling
outside the scope of application of EU law. Its significance has
expanded, moving beyond just safeguarding fundamental rights to fully
embracing the broad spectrum of values articulated in Article 2 TEU.
Informed by the mutual accountability of Member States, this principle
is instrumental in assessing their commitment to the values delineated
in Article 2 TEU. This article offers to differentiate between two
scenarios: instances where mutual trust is undermined by violations of
fundamental rights, and those where it is challenged by breaches of
structural values, such as democracy and the rule of law. The article
posits that systemic deficiencies in a Member State’s adherence to
the EU’s structural values threatens the essence of mutual trust,
demanding a reconsideration of the manner of application of this
principle. Through the lens of the transformations following the
Lisbon Treaty and contemporary hurdles this article underscores mutual
trust’s crucial role in ensuring Member States’ constitutional
fidelity to EU structural values. The article concludes by championing
a nuanced application of the mutual trust principle – a stance that
robustly preserves the core of Article 2 values, quintessential to
European identity, without compromising fundamental rights or
overlooking other EU public interests.},
journal = {ZEuS Zeitschrift für Europarechtliche Studien},
pages = {516--538},
author = {Canor, Iris},
volume = {26},
number = {4}
}