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The Principle of Mutual Trust in EU Criminal Law

Auke Willems

ISBN13: 9781509944767

Published: October 2022

Publisher: Hart Publishing

Country of Publication: UK

Format: Paperback (Hardback in 2021)

Price: £41.99

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Hardback edition , ISBN13 9781509924547

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This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice.

The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law.

This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.

Subjects:: Criminal Law, EU Law

Contents:: Introduction; 1. The Topic of the Book: Mutual Trust in EU Criminal Law; 2. The Main Objective: Demystifying the Principle of Mutual Trust in EU Criminal Law; 3. Relevance; 4. The Structure; 5. Methodology; 6. Scope and Delineation; 1. What is Trust? A Social Science Perspective; 1. Introduction; 2. Towards a Body of Social Science Literature on Trust: Developing an Underdeveloped Term; 3. Trust: We (Th ink We) Know it When We See it; 4. Dissecting Trust: Risks and Interests as Key Aspects of Trust Relationships; 5. Clarifying the Concept of Trust: More Specificity Please; 6. Applying a Trust Framework to the EU Criminal Law Context; 7. Conclusion; 2. Institutional Architecture of EU Criminal Law: Mutual Recognition as the 'Cornerstone of Judicial Cooperation in Criminal Matters'; 1. Introduction; 2. Institutional Development of EU Cooperation in Criminal Matters: Four Eras; 3. The Principles of Mutual Recognition and Mutual Trust in EU Law; 4. Mutual Recognition: 'The Cornerstone of Judicial Cooperation in Criminal Matters'; 5. Applying Mutual Recognition to EU Criminal Law; 6. Conclusion; 3. The 'Flagship' Mutual Recognition Instrument: The European Arrest Warrant and Trust Issues; 1. Introduction; 2. The European Arrest Warrant: A Revolution in Extradition?; 3. The Success of the European Arrest Warrant: Mixed Messages; 4. National Constitutional Challenges to the Validity of the European Arrest Warrant: Signals of Distrust?; 5. Difficulties with the European Arrest Warrant in Practice: Trust Issues?; 6. Conclusion; 4. The Court of Justice of the European Union and the Evolution of Mutual Trust; 1. Introduction; 2. Establishing the Trust Presumption: The EU-Wide Application of ne bis in idem; 3. The Validity of the European Arrest Warrant: Advocaten voor de Wereld; 4. A Nationality Exception? Kozlowski, Wolzenburg and Lopez de Silva Jorge; 5. The Relationship between Mutual Recognition and Mutual Trust under Examination in Mantello; 6. The First Rebuttal of the Trust Presumption in NS and ME; 7. A Human Rights Refusal Ground under the European Arrest Warrant Post-NS? Not Yet; 8. Opinion 2/13: A Showcase of the Importance of (the Presumption of) Mutual Trust; 9. A Change of Direction: Rebutting the Trust Presumption: Lanigan, Aranyosi and LM; 10. Conclusion; 5. Mutual Trust in the EU Criminal Law Discourse: From Confidence to Doubt; 1. Introduction; 2. First Articulation of the Presumption of Mutual Trust Following Tampere; 3. Growing Doubts on the Validity of the Trust Presumption; 4. A Direct Link between Enhancing Mutual Recognition and Trust: The Hague Programme; 5. Building Trust as a Main Objective of the Stockholm Programme; 6. Observing Fading Trust in Secondary Legislation: From the European Arrest Warrant to the European; Investigation Order; 7. The 2020 Justice Agenda: Mutual Trust as the 'Bedrock upon which the EU Justice Policy should be Built'; 8. Towards a More Abstract Notion of Trust: From One Commissioner to Another; 9. Distilling the EU's 'Trust Logic': Is there One?; 10. Conclusion; 6. The Trust-Building Policy: An Orchestrated Effort or A Patchwork of Measures?; 1. Introduction; 2. The Relationship between Mutual Recognition and Harmonisation; 3. Legal Trust-Building: Harmonisation of Substantive Criminal Law; 4. Legal Trust-Building: Approximation of Procedural Rights; 5. Non-Legal and Soft Law Means of Trust Building; 6. Building Trust Th rough Agencies: From Eurojust to a European Public Prosecutor; 7. Conclusion; 7. Critical Development of the Principle of Mutual Trust: A Work in Progress; 1. Introduction; 2. Mutual Recognition and Trust Academic Literature: Questioning the EU's Trust Presumption; 3. Efforts in Academic Literature to Clarify the Principle of Mutual Trust; 4. Wide(r) Relevance of Mutual Trust; 5. Invitations for Further Conceptual Development of the Principle of Mutual Trust; 6. Conclusion; 8. A Transatlantic Perspective: Trust Lessons from a Federal Context; 1. Introduction; 2. Why Look at the US?; 3. The American Decentralised Criminal Justice System; 4. Modalities of Criminal Law Cooperation in the US; 5. What Lessons for EU Trust-Based Cooperation?; 6. Value of US Experience: Harmony and Unity as Drivers of Trust; 7. Conclusion; 9. Unpacking the Principle of Mutual Trust: Five Building Blocks; 1. Introduction; 2. Building Block 1: A European Criminal Law Culture; 3. Building Block 2: The 'Europeanisation' of Fair Trial Rights; 4. Building Block 3: Equivalent, but not Identical; 5. Building Block 4: Reciprocity, Although not Explicitly; 6. Building Block 5: The Loyalty Principle. What Kind of Loyalty in EU Criminal Law?; 7. Conclusion; 10. A Forward-Looking Assessment of Mutual Trust Challenges; 1. Introduction; 2. The Logic of Trust Building: How is it Supposed to Work?; 3. Recommendation 1: Change the Perspective from Formal to Substantive Trust; 4. Recommendation 2: Address Fundamental Rights Concerns by Implementing EU Fair Trial Rights; 5. Recommendation 3: Non-Legal Trust-Building. The Need for Accurate Information, Monitoring, Evaluation, Education and Training; 6. Conclusion; Conclusion; 1. The Multidimensional Principle of Mutual Trust in EU Criminal Law; 2. Mutual Trust: Balancing Divergent Interests in EU Criminal Law; 3. A Social Science Inspired Perspective on Trust; 4. From Presuming to Rebutting: The Evolution of Mutual Trust; 5. The US Comparative Perspective: Lessons from Federal Interstate Cooperation; 6. The Substance of the Principle of Mutual Trust in EU Criminal Law; 7. A Look at the Future: How to Improve Mutual Trust?; 8. Continuing Research on Mutual Trust