Abstract
AbstractMore than any other EU institution, the Court of Justice of the European Union has upheld the presumption of mutual trust in EU criminal law cooperation. Surprisingly though, despite mutual trust’s centrality in the Court’s jurisprudence, it has long not qualified nor properly elaborated the notion of trust, but rather held on to its presumed existence based on a high level of fundamental rights protection throughout the Union. This article will assess the important role of the Court in establishing, upholding and ultimately qualifying the trust presumption in the EU criminal justice context. Along the lines of a number of key cases, the narrative of a strong defence of (the presumption of) mutual trust appears, but also of an evolution toward more room for rebuttal in recent cases. This signals the increased weight given to fundamental rights protection in the EU’s Area of Freedom, Security and Justice.
Highlights
More than any other EU institution, the Court of Justice of the European Union has upheld the presumption of mutual trust in EU criminal law cooperation
As noted by Janssens, “the precise link between trust and recognition has not been decisively elucidated.”[12]. Herlin–Karnell adds, “[t]he key problem that arises when discussing the notion of EU criminal law cooperation is that there is no articulation of what ‘mutual trust’ means in the field of criminal law
The Court held on to its presumed existence based on a high level of fundamental rights protection throughout the EU based on Article 6 of the European Convention on Human Rights (“ECHR”).[21]
Summary
The EU–Wide Application of Ne Bis in Idem The Court’s first view of mutual trust came in a ne bis in idem case. In a string of cases on double jeopardy, the Court developed other aspects of ne bis in idem.[48] These cases all have in common that they contain reference to mutual trust and confirm the necessary implication the court formulated first in Gözütok and Brügge.[49]. It justified its interpretation of ne bis in idem because of the presumed existence of mutual trust This is a strong expression of the normative content of trust–based cooperation: Despite diversity, all EU Member States are presumed to guarantee a sufficiently high standard of justice, similar to the equivalence presumption in the internal market context
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
