1. What is Mutual Trust in cross-border relations
The EU principles:
- Area of freedom, security and justice (art. 67 TFEU);
- Judicial cooperation in criminal, civil and commercial matters
- Each authority applies equivalent standards for protection of rights across their justice systems
- The mutual recognition depends on:
- good understanding of different national legal systems;
- EU mechanisms for safeguarding the rights of suspects and accused, victims and third person;
- common minimum standards permanently interpreted by the CJEU;
- In practice: misunderstandings, delays, differences in the implementation of EU law, especially in areas of fundamental rights, such as detention conditions, the length of pre-trial detention, the rights of victims and children.
- Expectations for support the law, to obey the same EU principles and to work toward the same goal.
- Relations with colleagues with the equal rank from EU MSs are maintained.
The Proposal on a computerized system for communication in cross-border civil and criminal proceedings, named e-CODEX system, could provide:
- digitalization of justice
- speed up the cooperation
- efficiency of law
Whether these innovations will strengthen the trust between magistrates in EU MSs?
2. Our proposal for new ethical rule
Judicial activities and responsibilities in cross-border cases should be performed in line with the protection and enhancement of the mutual trust between competent authorities of EU Member states. This is the principle of mutual trust.
- ENCJ WG, Judicial Ethics, Report 2009-2010, Judicial Ethics Principles, Values And Qualitites, Download the file;
- Council Conclusions on ‘Promoting mutual recognition by enhancing mutual trust, OJ C 449, 13.12.2018, p. 6. See the web site;
- The way forward in the field of mutual recognition in criminal matters, Outcome of the 3697th Council meeting, Justice and Home Affairs, 6 and 7 June 2019, Download the file;
- Council of the EU conclusion 6926/21, 8 March 2021, Download the file;
- Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, See the web site;
- Proposal for a Regulation of the European parliament and of the council on European Production and Preservation Orders for electronic evidence in criminal matters, See the web site;
- Proposal for a Regulation of the European parliament and of the council on a computerized system for communication in cross-border civil and criminal proceedings (e-CODEX system), and amending Regulation (EU) 2018/1726, See the web site;
- European union instruments in the field of criminal law and related texts, Council of the EU, December 2009, Download the file;
- Gert Vermeulen, Wendy De Bondt, Charlotte Ryckman, Rethinking international cooperation in criminal matters in the EU, Moving beyond actors, bringing logic back, footed in reality, DG Justice,2012, ISBN 978-90-466-0487-8, Download the file;