Implementation of the Principle of Mutual Trust in the Migration Cases by the Court of Justice of the European Union and the European Court of Human Rights

Abstract

Introduction. The article examines the positive and negative aspects of the application of the «principle of mutual trust» within the framework of European Union law. The positive features of the application of the «principle of mutual trust» include simplification of procedural aspects of the application of the law, strengthening of interaction between member states of the European Union, as well as harmonization of legislation. At the same time, the application of this principle by EU member states with low standards of human rights protection leads to their violation. The author's research shows that the case law of the European Court of Human Rights, criticizing the negative aspects of the «principle of mutual trust»,v led to its evolution and strengthened the level of protection of the rights and freedoms of European union’s citizens as well as it strengthened the interaction between the EU Court and the ECHR.Materials and methods. The methodological ground of the study based on the following general scientific and special methods of the recognition of legal phenomena and processes in the field of European law: the method of system-structural analysis, the method of synthesis of social phenomena, the comparative legal method, the formal logical method. For certain questions, statistical data was involved in the study. To identify further vectors for the development of interaction between judicial bodies used the content analysis.Results of the study. Based on the results of the study, the author comes to the conclusion that the evolution in the interaction of the two judicial institutions in the field of protection of the rights and freedoms of migrants and the rethinking of the principle of mutual trust are caused by the relaunching of the dialogue on the accession of the European Union to the European Convention of fundamental rights 1950 and by the deep awareness of the high significance of such accession for the protection of human rights and fundamental freedoms in Europe.Discussion and conclusions. The principle of mutual trust is still a key point in building a trustful relationship between the Court of Justice of the European Union and the European Court of Human Rights. Currently, these judicial bodies have reached the highest level of convergence, which can be seen in the analysis of law enforcement practice.