What is Mutual Trust in cross-border relations


The relevant EU principles are::

  • Area of freedom, security and justice (art. 67 TFEU);
  • Judicial cooperation in criminal, civil and commercial matters;
  • Equivalent standards for protection of human rights;
  • Mutual recognition of court decisions between EU member states;

The mutual trust depends on:

  • good understanding of different national legal systems;
    • good understanding of EU mechanisms for safeguarding the rights of suspects and accused, victims and third person;
    • common minimum standards permanently interpreted by the CJEU;


  • In practice: misunderstandings, delays, differences in the implementation of EU law, especially in areas of fundamental rights, such as detention conditions, the length of pre-trial detention, the rights of victims and children.
  • Expectations for support the law, to obey the same EU principles and to work toward the same goal.
  • Relations with colleagues with the equal rank from EU MSs are maintained.


The Proposal on a computerized system for communication in cross-border civil and criminal proceedings, named e-CODEX system,  could provide:

  • digitalization of justice
  • speed up the cooperation
  • efficiency of law

Whether these innovations will strengthen the trust between magistrates in EU MSs?


Our proposal for new ethical rule 

Judicial activities and responsibilities in cross-border cases should be performed in line with the protection and enhancement of the mutual trust between competent authorities of EU Member states.


Bibliography on Mutual Trust in cross-border relations

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