Human rights violations and mutual trust: Recent case law on the European arrest warrant

Abstract

The principle of mutual recognition [Art. 67(3), Art. 82 TFEU] has become a “cornerstone” of the European criminal justice system. It is based upon the idea that a judicial decision that has been delivered in one Member State can be recognized and executed by the authorities of another Member State. But despite the Member States’ commitment to common legal values, there are still a lot of differences in the national criminal justice systems and—as a consequence—different standards as well. The article analyzes recent case law on the European Arrest Warrant and addresses the question how to balance mutual trust and judicial control in the executing (requested) Member State, i.e., the efficiency of transnational cooperation on one hand and the protection of human rights on the other.