Abstract
Abstract The principle of mutual trust between Member States is key to the functioning of European Union (EU) law. Rooted in sincere cooperation and equality of the Union’s States, that principle is premised on compliance with shared values, interests, and rules. This fosters close cooperation in many areas, such as law enforcement, as exemplified by the European Arrest Warrant Framework Decision (EAW FD). Outside the Union, the presumption is that the principle of mutual trust does not apply. This seems confirmed by the case law on the extradition of EU citizens, with the EU Court of Justice (ECJ) prioritizing intra-EU cooperation over forced transfer of Union nationals to the requesting third countries. As the EU has developed a sophisticated network of relationships with its partners, and neighbours especially, the question arises as to when, if at all, third countries can be trusted, and when that trust can be challenged. By using the benchmark of EU membership as the standard of legal proximity, this article analyses the EU’s relationship with some of its neighbours in cases of extradition. The article creates an analytical framework to tackle unanswered questions around mutual trust and cooperation in criminal matters, and to read into the future of the legal relationship between the EU and some third countries.
Highlights
Trust is an important tool when dealing with social complexity.[1]
The overarching question posed to the Court was whether the Petruhhin case law could apply to these circumstances, and : should Article 18 TFEU be interpreted to mean that an European Union (EU) State receiving an extradition request from a third country against a citizen of a non-EU State that is a member of Schengen must inform the latter State of the request? If so, and if the non-EU Schengen State so requests, should the EU State surrender the person to the non-EU Schengen State of nationality pursuant to an existing surrender agreement?
The UK is closer to the EU than the USA, but further away than Norway and Iceland. This difference shines even brighter if we look at the bigger picture depicted by the Trade and Cooperation Agreement (TCA) overall: the terms on which the EU and UK parted ways in many areas corresponded to a genuine break
Summary
Trust is an important tool when dealing with social complexity.[1]. On the one hand, trust is facilitated by the existence of certain values shared within a community, and helps to create expectations of regular and honest behaviour. 36 See, among many, V Mitsilegas, ‘The Symbiotic Relationship Between Mutual Trust and Fundamental Rights in Europe’s Area of Criminal Justice’ (2015) 6 New Journal of European The former criticism has been addressed—to an extent—by adopting a series of directives, establishing minimum rules on certain aspects of important individual safeguards,[37] as well as by the pursuit of more advanced approximation in substantive criminal law.[38] As for the latter issue, the Court has established legal conditions to halt the presumption of mutual trust towards a Member State, and refuse execution of the EAW, on an individual basis.[39] The rebuttable nature of the presumption reflects the necessary equilibrium that must exist between trust and distrust. In the context of the EU’s evolving relationship with third countries concerning law enforcement, the article provides an original blueprint to understand the legal relationships between the Union and (some) non-EU countries, and tackle unanswered questions around trust and inter-state cooperation in criminal matters
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