This workshop, financed by Law and Justice Across Borders, seeks to explore the conceptual and empirical assumptions and justifications underlying the mechanism of trust and deference between legal authorities in Europe.
Trust and deference are crucial mechanisms of interaction and cooperation between legal authorities in Europe. Deference means that an authority does not make its own assessment or decision in a particular matter but relies on the decision of another authority. The basis for this deference is trust in the second authority. It ultimately means that the deferring authority puts its trust on the authority it defers to. It has trust that the second authority takes a correct decision in matters of fact and law, especially the rule of law. The workshop seeks to explore the conceptual and empirical assumptions and justifications underlying the mechanism of trust and deference between legal authorities in Europe.
The mechanism of trust and deference operates between various authorities at different levels in Europe. The scope of the workshop is thus deliberately vast in terms of areas of law to be covered.
Both in case law and legal scholarship, we find justifications and explanations for this mechanism of trust and deference. A deferring authority may put its trust in other authorities because of their expertise. Deference may express a particular constitutional and political arrangement whereby some authorities are deemed more legitimate to make certain judgments, e.g. policy choices and weighting of interests. Trust and deference may also operate as a compromise between full harmonization and integration of public functions and retaining national or institutional autonomy, eg European Arrest Warrant.
Attendance is free of charge, registration per email to Yvonne ter Horst is appreciated.
This workshop will be followed by a follow-up event on 17 September taking place at the Asser Institute in The Hague and focusing on the operation of trust and deference between legal authorities in the world.