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trust based on law

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22 - Epilogue: Of Judges and Trust
from Part V - Cross-Cutting Issues of Fundamental Rights in the AFSJ
- By Michal Bobek
Edited by Sara Iglesias Sánchez, Maribel González Pascual, Universitat Pompeu Fabra, Barcelona
Book:

Fundamental Rights in the EU Area of Freedom, Security and Justice

Published online:

06 August 2021

Print publication:

29 July 2021, pp 433-445
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Summary

This chapter offers a broad reflection on the difficulties and challenges that the notion of trust presents for judges. After a historical excursion, it demonstrates how basing the operation of an area of law on trust is likely to clash with a rich and powerful bundle of ideas and historical experience at national level. This epilogue invites us to consider a shift in paradigm from law based on trust to trust based on law: ‘Seen this way, trust is not a pre-requisite for the law, but rather something that the law and social interaction generate. Trust becomes the end destination, not the starting point.’