LibGuides: Principle of Mutual and Sincere Cooperation: Home

Mutual and sincere cooperation

This is a series of papers and publications exploring the concept of mutual and sincere cooperation, also presented as loyalty at times. There seems to be a closer attention to the implications of Art. 4(3) TFEU for mutual and sincere cooperation between EU institutions and Member States, rather than inter-institutional cooperation. In the book "Shaping EU Policy from below", a chapter is dedicated to the Committee of the Regions interinstitutional relations, underlining their relevance in a political rather than legal sense.

"Special legislative procedures in the Treaties - Institutional balance and sincere cooperation" is an EU Publication that explains Article 13 TFEU in detail, in Chapter 2 - Cooperation between Institutions.

Cooperation between the EU's institutions
Introductory EU Law Summary

Shaping EU Policy from Below by Simona Piattoni; Justus Schönlau
ISBN: 9781783472710

Publication Date: 2015-09-25

This ground breaking book looks at the way in which the Committee of Regions (CoR) can influence EU policy making from below, despite its relatively weak position in the decision-making process. In essence, the authors argue that the CoR plays a significant role in the EU's political process, going well beyond its formally limited advisory function. In particular, the third chapter (linked), explores the relevance of interinstitutional cooperation for the Committee of Regions, thus gaining relevance for this research.
The Principle of Loyalty in EU Law by Marcus Klamert
ISBN: 9780199683123

Publication Date: 2014-03-16

Despite its seemingly innocuous wording, in what is now Article 4 (3) TEU, the principle of loyalty has had a significant impact in deepening the reach of EU law within the Member States. The duty of sincere cooperation has been interpreted strongly by the European Courts as imposing seriousduties on States to give strong effect to European legal acts. The principle has been central to the development of Union law since the 1960s, and is still being relied on by the European Court of Justice to often-controversial effect. Inter-institutional mutual and sincere cooperation mentioned in 3.2, 6.4.

Special legislative procedures in the treaties - Institutional balance and sincere cooperation
This study examines the legislative procedures in the Treaties. It focuses on special legislative procedures where either Parliament or the Council adopts an act with the participation (consultation or consent) of the other institution. This should not mean, however, that the participating institution could not influence the substance of the act. Instead, the principles of institutional balance and mutual sincere cooperation require that the opinion of the participating institution be duly taken into account.

Structural Principles and their Role in EU External Relations Law
Marise Cremona, Structural Principles and their Role in EU External Relations Law, Current Legal Problems, Volume 69, Issue 1, 2016, Pages 35–66, https://doi.org/10.1093/clp/cuw005

Court of Justice of the European Union - Opinion of Advocate General Emiliou delivered on 22 June 2022.
Brief analysis of the principle in jurisprudence at 2. The second plea, alleging a breach of the principle of sincere cooperation PAR. 92

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(ECLI:EU:C:2022:498)
“The Duty of Loyalty: Rethinking its Scope through its Application in the Field of EU External Relations.”
Neframi, Eleftherina. “The Duty of Loyalty: Rethinking its Scope through its Application in the Field of EU External Relations.” Common Market Law Review (2010): n. 43 pag. 323-359