Od vzájemné důvěry k vzájemnému prověřování: limity vzájemné důvěry v judikatuře správních soudů k dublinským transferům

• Title in English: From mutual trust to mutual assessment: limits of mutual trust in administrative courts' case law concerning Dublin transfers
• Authors: BOKOVÁ Terezie
• Year of publication: 2020
• Type: Article in Periodical
• Magazine / Source: Soudní rozhledy
• MU Faculty or unit: Faculty of Law
• Web: Repozitář MU
• Keywords: Dublin III Regulation; transfer; mutual trust; Art. 3 European Convention
• Description: The principle of mutual trust, even if we do not find it expressly regulated in primary law EU, represents one of the pillars of Union law. Each member state shares with all others Member States share a number of common values on which the EU is founded, as set out in Article 2 SEU, and recognizes that the other member states share these values with it. This assumption means - and at the same time justifies - the existence of mutual trust of the member states in recognition of these values, and thus also in compliance with EU law, which applies these values. Mutual 1 trusting that others are playing by the rules of the game is a prerequisite working cooperation. However, it is not just a general principle. It falls very specifically on the court, and even the administrative practice of individual member states. Among other things, in two areas: when deciding on the extradition of persons to other member states on the basis of of the European Arrest Warrant and in the area of asylum and immigration law during extradition persons, especially asylum seekers, between member states. It is the second of these areas that will be devoted to this article. First, he tries to briefly define the basics of the principle of reciprocity of trust and to recapitulate its genesis into its current form, which took place in the dialogue between ECJ and ECtHR. Subsequently, he will focus on the jurisprudence of the Czech administrative courts, especially the NSS.