The problematic consequences of applying mutual trust and recognition in the context of the European Arrest Warrant

Abstract

Mutual trust and mutual recognition are two principles on which the implementation and attainment of the area of freedom, security and justice are based on. The premise of the widespread success of the European arrest warrant is that applying these principles and upholding a set of common values allows the member states to offer similar standards in matters of judicial cooperation. In spite of this, cultural and normative differences between countries, as well as deep political transformations in some states have created practical issues which put into question the timeliness and pragmatism of these goals.

This paper deals with two important shortcomings of enforcing mutual trust and mutual recognition – using the European arrest warrant for trivial offences and the lack of analysis on the merits of the charge within this procedure – as well as the way in which the policies of countries like Hungary and Poland threaten the coherence and uniformity necessary for the operative use of judicial cooperation mechanisms. After a brief review of the means employed by European institutions and member states to resolve these issues, the second part of this paper attempts to find a feasible solution based on the European Court of Justice’s case law.