This master's thesis aims to explain the significance of the principle of mutual trust in the EU legal framework, particularly its role and functions, with a focus on selected areas of the AFSJ (Area of Freedom, Security and Justice), where it serves as the cornerstone of judicial cooperation. Within these areas, it primarily focuses on two mechanisms that rely on the effective implementation of the principle of mutual trust, namely the European Arrest Warrant in relation to the principle of mutual recognition within the framework of EU criminal law and the Dublin system in the field of EU asylum law.
Mutual trust does not have an explicit legal basis in the EU primary legislation. However, the European Court of Justice, in its desire to implement the principle of mutual trust in the EU legal framework, has repeatedly referred to its importance in various judgments. Through its case law, the European Court of Justice has gradually shifted the status of the principle from one of blind trust to increasing limitations with the aim of effectively protecting individual rights. Limitations on the principle of mutual trust are considered exceptional in CJEU case law, and deviations from trust-based mechanisms are only possible when surrendering an individual would jeopardize their fundamental rights.
This master's thesis explores the crisis of trust within the EU, stemming from the disregard of fundamental EU values in certain member states. It examines the consequences of the decline of the rule of law on the effective protection of fundamental rights. The primary objective of this master's thesis is, therefore, to contemplate whether, in light of the crisis of values where a rule of law backsliding is observable in certain member states, the principle of mutual trust between member states remains feasible. This thesis addresses the central research question: Is the principle of mutual trust still compatible with the effective protection of fundamental rights?
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