EU Criminal Justice Cooperation, (Dist)trust and the Future of Mutual Recognition
The panel explores the complex and multifaceted relation between trust and mutual recognition in the context of EU cooperation in criminal matters. Over the past few decades, the principle of ‘mutual recognition‘ of judicial decisions has played a key role in shaping the EU area of freedom, security and justice. It allows for an increased and more effective enforcement of judicial decisions across borders while relying on the somewhat problematic postulate that Member States should have mutual trust in their criminal justice systems. The Court of Justice of the EU (CJEU) has thus defined mutual trust as a ‘necessary implication‘ of mutual recognition. Against this background, this panel unravels some of the ways in which the notion of mutual trust has been interpreted and operationalized in the context of various mechanisms for EU criminal justice cooperation. It does so by discussing the current challenges to the notion of mutual trust in the area of criminal justice.