The European Model of Judicial Cooperation in Criminal Matters: Towards Effectiveness based on Earned Trust

• Autor(a) principal: Mitsilegas, Valsamis
• Data de Publicação: 2019
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Revista Brasileira de Direito Processual Penal (Online)
• Texto Completo: https://revista.ibraspp.com.br/RBDPP/article/view/248
• topic: mutual recognition; European Arrest Warrant; European Criminal Law; fundamental rights; harmonisation; judicial cooperation; mutual trust.; reconhecimento mútuo; mandado de detenção europeu; direito penal europeu; direitos fundamentais; harmonização; cooperação judiciária; confiança mútua.

The EU model of international judicial cooperation in criminal matters, based on a high level of presumed mutual trust among Member States and on the principle of mutual recognition resulting therefrom, purports to go beyond traditional models of cooperation by enabling simplicity and speed on a ‘no questions asked’ approach.  The European Arrest Warrant is emblematic in this respect. Nonetheless, the operation of this tool has not been a straightforward or uncomplicated task, in particular from the point of view of the interplay between mutual recognition and fundamental rights. This article analyses the evolution of such interaction, and how fundamental rights can act as either limits or drivers of mutual recognition. It aims to show how individual rights and guarantees have limited automatic recognition and sheer effectiveness, and, conversely, how the harmonisation of defence rights at the EU level can provide a basis for enhancing mutual trust and thus facilitating mutual recognition in criminal matters. In conclusion, it will be submitted that EU law can achieve effective judicial cooperation in criminal matters by moving from ‘blind’ to earned trust in Europe’s area of criminal justice.