Abstract:

Principle of mutual trust forms the basis of principle of mutual recognition which has been recognised as the cornerstone of the area of freedom, security and justice. Essentially, the principle of mutual trust requires that any European Union (EU) Member State should assume that other Member States observe especially the fundamental rights recognized by EU law. Hence, the principle of mutual trust is indeed a presumption. Then, does this principle establish an absolute presumption (i), or a rebuttable presumption (ii)? Considering the historical development process, the case-law of the Court of Justice of the European Union seem to have evolved from the first condition to the second condition. Via the example of European Arrest Warrant which is the first use of principle of mutual recognition and hence mutual trust, this Article aims to present this evolution regarding the principle of mutual trust in conjunction with its reasons and consequences, and to draw some conclusions regarding the future, particularly about whether this evolution has been over or not.

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