Rule of law, trust, and competition: Will Sped-Pro become a game-changer for the protection of EU fundamental values?
The CJEU's jurisprudence based on the LM case has been criticized on the grounds that it is very difficult, if not impossible, to prove threats to due process in an individual case. The central question posed is the permissibility of limiting the principle of mutual trust between Member States...
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| Format: | Article |
| Language: | English |
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Union University, Faculty of Law, Belgrade
2022-01-01
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| Series: | Pravni Zapisi |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2022/2217-28152202703G.pdf |
| _version_ | 1797938544461742080 |
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| author | Grabowska-Moroz Barbara |
| author_facet | Grabowska-Moroz Barbara |
| author_sort | Grabowska-Moroz Barbara |
| collection | DOAJ |
| description | The CJEU's jurisprudence based on the LM case has been criticized on the grounds that it is very difficult, if not impossible, to prove threats to due process in an individual case. The central question posed is the permissibility of limiting the principle of mutual trust between Member States because of a potential breach of fundamental rights in one of them. In the recent Sped-Pro case, the General Court decided to apply the above question to a new field of EU Law - competition law - without changing much of the essence of the question. In trying to protect mutual trust between Member States, the General Court has not created effective tools to protect the rule of law in the Member States. This also puts the principle of mutual trust at risk. |
| first_indexed | 2024-04-10T19:02:28Z |
| format | Article |
| id | doaj.art-8fe677bd92a84a38bd84909b7abfafd9 |
| institution | Directory Open Access Journal |
| issn | 2217-2815 2406-1387 |
| language | English |
| last_indexed | 2024-04-10T19:02:28Z |
| publishDate | 2022-01-01 |
| publisher | Union University, Faculty of Law, Belgrade |
| record_format | Article |
| series | Pravni Zapisi |
| spelling | doaj.art-8fe677bd92a84a38bd84909b7abfafd92023-01-31T08:22:40ZengUnion University, Faculty of Law, BelgradePravni Zapisi2217-28152406-13872022-01-0113270371510.5937/pravzap0-411082217-28152202703GRule of law, trust, and competition: Will Sped-Pro become a game-changer for the protection of EU fundamental values?Grabowska-Moroz Barbara0Central European University, Democracy Institute, Budapest, HungaryThe CJEU's jurisprudence based on the LM case has been criticized on the grounds that it is very difficult, if not impossible, to prove threats to due process in an individual case. The central question posed is the permissibility of limiting the principle of mutual trust between Member States because of a potential breach of fundamental rights in one of them. In the recent Sped-Pro case, the General Court decided to apply the above question to a new field of EU Law - competition law - without changing much of the essence of the question. In trying to protect mutual trust between Member States, the General Court has not created effective tools to protect the rule of law in the Member States. This also puts the principle of mutual trust at risk.https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2022/2217-28152202703G.pdfrule of lawcompetition lawcourt of justice of the european unioneuropean unionmutual trust |
| spellingShingle | Grabowska-Moroz Barbara Rule of law, trust, and competition: Will Sped-Pro become a game-changer for the protection of EU fundamental values? Pravni Zapisi rule of law competition law court of justice of the european union european union mutual trust |
| title | Rule of law, trust, and competition: Will Sped-Pro become a game-changer for the protection of EU fundamental values? |
| title_full | Rule of law, trust, and competition: Will Sped-Pro become a game-changer for the protection of EU fundamental values? |
| title_fullStr | Rule of law, trust, and competition: Will Sped-Pro become a game-changer for the protection of EU fundamental values? |
| title_full_unstemmed | Rule of law, trust, and competition: Will Sped-Pro become a game-changer for the protection of EU fundamental values? |
| title_short | Rule of law, trust, and competition: Will Sped-Pro become a game-changer for the protection of EU fundamental values? |
| title_sort | rule of law trust and competition will sped pro become a game changer for the protection of eu fundamental values |
| topic | rule of law competition law court of justice of the european union european union mutual trust |
| url | https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2022/2217-28152202703G.pdf |
| work_keys_str_mv | AT grabowskamorozbarbara ruleoflawtrustandcompetitionwillspedprobecomeagamechangerfortheprotectionofeufundamentalvalues |