LM case, a new horizon in shielding fundamental rights within cooperation based on mutual recognition. Flying in the coffin corner

Abstract

In a particularly complex political context, the ruling in the LM case is called to constitute a milestone in the CJEU Jurisprudence regarding the protection of fundamental rights in judicial cooperation within the Area of Freedom, Security and Justice. With this decision, the Court not only deepens the doctrine drawn up in the Aranyosi-Caldaru and ML cases but also goes beyond by expanding the boundaries of fundamental rights protection and clarifying the conditions and procedures of said safeguard. The freshly opened horizon represents new challenges to combine the requirements of judicial cooperation within the AFSJ and fundamental rights protection. The turning point marked by this judgment raises different questions, riveting yet somehow disquieting ones too, although emerged in the context of the EAW FD, might apply to all species of judicial cooperation based on mutual recognition.