Navigating Legal Crossroads: balancing Mutual Trust and Fundamental Rights in the European Arrest Warrant Framework

Abstract

In the complex framework of judicial cooperation in the European Union, the European Arrest Warrant stands as a keystone, promising swift and efficient extradition procedures among Member States. Conceived as a tool to simplify judicial cooperation and eliminate procedural obstacles, the European Arrest Warrant represents a groundbreaking mechanism in the pursuit of a more unified system of criminal justice in Europe. Nonetheless, as much as this new mechanism has allowed for European judicial cooperation to become stronger, it has also brought about a series of complex legal challenges with regards to fundamental rights protection. This thesis aims to explore the intricate interplay between fundamental rights protection and the principle of mutual trust, focusing on the European Arrest Warrant mechanism. It will do so first by providing and historical overview of the origin of this mechanism, focusing on its main characteristics and founding principles. It will then analyze key jurisprudence from the European Court of Justice, trying to explore cases where conflicts between fundamental rights and mutual trust have arisen. Lastly, it will focus on the European Union attempts to enhance cooperation and fundamental rights protection.