Willems, A ORCID: 0000-0002-9505-6650
(2019)
The Court of Justice of the European Union’s mutual trust journey in EU criminal law: from a presumption to (room for) rebuttal.
German Law Journal, 20 (4).
pp. 468-495.
This is the latest version of this item.
Text
The Court of Justice of the European Unions mutual trust journey in EU criminal law -PRE PUBLICATION COPY-.docx - Author Accepted Manuscript Download (118kB) |
|
Text
Willems - The Court of Justice of the European Unions Mutual Trust Journey in EU Criminal Law (2019).pdf - Published version Download (394kB) | Preview |
Abstract
More than any other EU institution, the Court of Justice of the European Union has upheld the presumption of mutual trust in EU criminal law cooperation. Surprisingly though, despite mutual trust’s centrality in the Court’s jurisprudence, it has long not qualified nor properly elaborated the notion of trust, but rather held on to its presumed existence based on a high level of fundamental rights protection throughout the Union. This article will assess the important role of the Court in establishing, upholding and ultimately qualifying the trust presumption in the EU criminal justice context. Along the lines of a number of key cases, the narrative of a strong defence of (the presumption of) mutual trust appears, but also of an evolution toward more room for rebuttal in recent cases. This signals the increased weight given to fundamental rights protection in the EU’s Area of Freedom, Security and Justice.
Item Type: | Article |
---|---|
Uncontrolled Keywords: | 16 Peace, Justice and Strong Institutions |
Depositing User: | Symplectic Admin |
Date Deposited: | 24 Oct 2019 14:19 |
Last Modified: | 17 Mar 2024 03:43 |
DOI: | 10.1017/glj.2019.32 |
Related URLs: | |
URI: | https://livrepository.liverpool.ac.uk/id/eprint/3059315 |
Available Versions of this Item
-
The Court of Justice of the European Union’s mutual trust journey in EU criminal law: from a presumption to (room for) rebuttal. (deposited 09 May 2019 10:43)
- The Court of Justice of the European Union’s mutual trust journey in EU criminal law: from a presumption to (room for) rebuttal. (deposited 24 Oct 2019 14:19) [Currently Displayed]