Nationalistic Distrust Crisis and a Case for Cosmopolitan Constitutionalism

The principle of mutual recognition is endorsed as the cornerstone of judicial cooperation both in criminal and civil matters in the EU. It relies upon the existence of mutual trust among the cooperating parties. Although mutual recognition has so far been driven by security objectives compelling a dogmatic obligation to trust, one can now witness an age of distrust. This is manifested both in relation to Brexit but also in relation to the rule of law crisis in Poland. It results to doubting, questioning and hindering a smooth cooperation. In this respect, the project wishes to explore the reasons behind the mounting distrust. Situating the discussion to the current politics of nationalism, it will discuss whether distrust is also correlated to the previous regimen of compelled trust and passive mutual recognition. The paper will argue that we should be looking ahead by using our cosmopolitan principles of constitutional governance so far developed as our compass.