Rebuttal of Mutual Trust and Mutual Recognition in Criminal Matters: Is ‘Exceptional’ Enough?

Abstract

The CJEU has recently found that mutual trust in the European Union is one of the principles relating to the constitutional structure of the Union. The principle is of fundamental importance in the construction of an Area of Freedom, Security and Justice (AFSJ) that includes judicial cooperation in criminal matters based on mutual recognition of judicial decisions. This contribution tries to clarify what the meaning and scope of mutual trust in criminal matters is. It discusses the following questions: What are the conditions for mutual trust to exist? What are the consequences of a lack of trust on judicial cooperation? It also puts the principle into the broader perspective of the European Convention on Human Rights system.