Research Handbooks in European Law series
Edited by Valsamis Mitsilegas, Maria Bergström and Theodore Konstadinides
Chapter 7: Mutual recognition, mutual trust and fundamental rights after Lisbon
The chapter examines the relationship between mutual recognition, mutual trust and fundamental rights in European criminal law. By focusing in particular on the operation of the Framework Decision on the European Arrest Warrant, the chapter examines the way in which fundamental rights concerns are dealt with by secondary EU law (fundamental rights as grounds of refusal to recognise and execute a judicial decision) as well as by the Court of Justice of the European Union (examining the evolution of the Court’s case law to include recent rulings in Radu, Melloni and Opinion 2/13). A key focus in this context is the extent to which fundamental rights concerns should be examined and serve as limits to mutual recognition and the extent to which the European Union can proactively promote fundamental rights in order to ensure the effective operation of the mutual recognition system.
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