Mutual Recognition Instruments and the Role of the Cjeu: The Grounds for Non-Execution

Abstract

The paper discusses in what way the full jurisdiction in criminal justice cooperation matters – since 1 December 2014 – will affect the work of the ECJ in the field of judicial cooperation in criminal matters. Moreover in the light of the ECJ's recent case law on the European Arrest Warrant the paper analyses how the principle of mutual recognition in criminal matters is being implemented and whether this progress has been at the expense of lowering the level of protection of fundamental rights in criminal proceedings. Such analysis will help to identify what has been the role of the ECJ in the realm of judicial cooperation in criminal matters and what its future role should be: overstressing assumed mutual trust, without strengthening the fundamental rights perspective, may end up in general distrust.