In my Master's thesis, I examine, in the light of the relevant case law of the Court of Justice of the European Union and the European Court of Human Rights, the problematic nature of the principles of mutual trust and mutual recognition, which are an essential characteristic of EU law and their impact on the protection of human rights in the EU. In my analysis, I am focusing on the cases that fall within the Area of Freedom, Security and Justice (AFSJ). The respect of mutual trust between EU Member States may, in certain cases, pose a potential threat that a Member State which trusts another Member State, breaches its obligation to protect human rights, as guaranteed by the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights. For this reason, it is necessary to allow for certain limitations and exceptions to the principles of mutual trust and mutual recognition, which I present through analysis of relevant case law. Ultimately, the analysis leads me to the conclusion that merely setting exceptions and limitations to the above-mentioned principles is not an effective and sufficient method to ensure the protection of human rights in the EU.
|
