In the Court(s) We Trust - A Procedural Solution to the Mutual Trust Dilemma

Abstract

This paper scrutinizes the multi-faceted implementation of mutual trust and recognition in the EU’s Area of Freedom, Security and Justice and suggests subjecting the operation of these principles to a stricter procedural framework. In order to conciliate respect for EU law with individual protection, national judges finding their obligation to give effect to mutual recognition to be incompatible with fundamental rights should defer the matter to the Court of Justice of the European Union for an urgent preliminary ruling (PPU).