“RELATIVIZATION” OF THE PRINCIPLES OF MUTUAL RECOGNITION AND MUTUAL TRUST BETWEEN EU MEMBER STATES: THE CASE LAW OF THE EU COURT OF JUSTICE
“RELATIVIZATION” OF THE PRINCIPLES OF MUTUAL RECOGNITION AND MUTUAL TRUST BETWEEN EU MEMBER STATES: THE CASE LAW OF THE EU COURT OF JUSTICE

Summary/Abstract: The principles of mutual recognition and mutual trust between EU member states, are an irrefutable precondition for efficient and facilitated cooperation of competent judicial bodies in the field of criminal law, which is a condition for successful fight against cross-border crime. Despite the indicated importance, the realization of the stated principles cannot be done at the expense of the protection and respect of basic human rights, since the EU law is based on their proclamation, respect and protection. Achieving efficiency and facilitating judicial cooperation while respecting basic human rights was ensured by the first measure adopted in the light of the principles of mutual recognition and mutual trust. It’s about the European Arrest Warrant (EAW) established by the Framework Decision on the European Arrest Warrant (FDEAW). The FDEAW prescribes the conditions of execution, as well as the grounds for mandatory or possible non-execution of the EAW. However, in the practice of applying the EAW, the question arose of the possibility of non-execution or delaying the execution of the EAW in cases not provided for in the FDEAW. The Court of Justice of the European Union (CJEU) has found that the execution of the EAW in exceptional cases may be postponed out of the FDEAW. The stated opinion of CJEU is justified from the aspect of protection of absolute rights of individuals regulated by both EU law and the The Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), bearing in mind that their protection, ie prohibition of inhuman and degrading treatment cannot be subordinated to efficiency and facilitation of judicial cooperation.

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