European Arrest Warrant in the Light of Principle of Mutual Trust and Protection of Fundamental Rights

European Arrest Warrant in the Light of Principle of Mutual Trust and Protection of Fundamental Rights Abstract European arrest warrant (EAW) is one of key instruments of mutual recognition in criminal matters. Essential elements of its fonctioning differentiate it from a traditional system of extradition and allow the system of EAW to be simpler and more efficient. EAW owns its efficiency to principle of mutual trust, which lays at its core. However, mutual trust cannot be blind and one of its limits is protection of fundamental rights. This thesis aims to find answers for questions: what are the fonctions of both principles within EAW, how are they balanced and what development has taken place so far in this matter. In order to do so, attention is brought first to the development of cooperation in criminal matters. Second chapter focuses on principle of mutual trust, which is essential for mutual recognition and EAW, but lacks a clear definition within EU law. Following chapter introduces protection of fundamental rights in EU and shows how it affects level of mutual trust between states. In the case of EAW, lack of protection of fundamental rights causes for states to be less willing to surrender a person to other member states. Level of fundamental rights protection affects the level of mutual trust and..