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The relevance of judicial (dis-)trust for the legal integration of the European Union

Project description

Judicial trust’s impact on EU legal integration

The EU legal system operates with a non-hierarchical judicial structure in which the Court of Justice of the European Union (CJEU) and national courts must collaborate to enforce decisions on matters related to EU law. There is a need for trust-building solutions to address challenges within the EU legal system. Concerns have arisen due to national courts in Hungary and Poland defying the CJEU and a decline in the rule of law. However, the sociological nature of this phenomenon and its contributing factors still require a thorough understanding. The ERC-funded CURIAFIDES project investigates the impact of judge trust on EU legal integration. It proposes a new socio-legal theory of judicial trust within the EU, based on empirical evidence collected from experiments, surveys, and interviews with both CJEU and national judges.

Objective

The functioning of the European Union (EU) legal system is ensured through an intricate interdependent and non-hierarchical judicial
system, where judges at the Court of Justice of the EU (CJEU) and national courts must rely on the willing cooperation with each other
to enforce decisions on EU law matters. Scholars have pointed to the relevance of legal, historical, sociological and political factors in
explaining why courts cooperate within the EU judicial system. However, recent scholarly and policy debates underline the relevance
of trust-enhancing solutions in addressing some of the current challenges facing the EU legal system: specifically that of judicial
defiance of national courts to the authority of the CJEU. These concerns have been aggravated in the context of democratic and rule
of law backsliding in Hungary and Poland, which have raised serious doubts about the correct application of EU law within a network
of thousands of national courts. Despite this incipient interest, we still lack adequate theorising about the truly sociological and
relational nature of this phenomenon, which is crucial for the development of a more fine-grained account of inter-judicial relations
and for answering: what is trust between judges? Which factors make judges trust other judges? What are the implications of judicial
trust for cooperation in multi-level systems? The CURIAFIDES project is an interdisciplinary and ground-breaking research project,
aiming at investigating the relevance of trust between judges for the cooperation and, subsequently, the legal integration of the EU.
The project will articulate a novel socio-legal theory of judicial trust within the EU, which will be based on strong empirical evidence
collected from experiments, surveys, and interviews with CJEU and national judges. The purpose of which being is to define and
explain judicial trust and its impact on judicial cooperation, which ties into a broader aim of offering new policy and legal solutions.

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Keywords

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Programme(s)

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Topic(s)

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Funding Scheme

Funding scheme (or “Type of Action”) inside a programme with common features. It specifies: the scope of what is funded; the reimbursement rate; specific evaluation criteria to qualify for funding; and the use of simplified forms of costs like lump sums.

HORIZON-ERC - HORIZON ERC Grants

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Call for proposal

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(opens in new window) ERC-2022-COG

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Host institution

UNIVERSIDAD CARLOS III DE MADRID
Net EU contribution

Net EU financial contribution. The sum of money that the participant receives, deducted by the EU contribution to its linked third party. It considers the distribution of the EU financial contribution between direct beneficiaries of the project and other types of participants, like third-party participants.

€ 1 994 875,00
Address
CALLE MADRID 126
28903 Getafe (Madrid)
Spain

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Region
Comunidad de Madrid Comunidad de Madrid Madrid
Activity type
Higher or Secondary Education Establishments
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Total cost

The total costs incurred by this organisation to participate in the project, including direct and indirect costs. This amount is a subset of the overall project budget.

€ 1 994 875,00

Beneficiaries (1)

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