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;

BUT:

  • 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.

 

3. Bibliography 

  1. ENCJ WG, Judicial Ethics, Report 2009-2010, Judicial Ethics Principles, Values And Qualitites, Download the file;
  2. Council Conclusions on ‘Promoting mutual recognition by enhancing mutual trust, OJ C 449, 13.12.2018, p. 6. See the web site;
  3. 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;
  4. Council of the EU conclusion 6926/21, 8 March 2021, Download the file;
  5. 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;
  6. 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;
  7. 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;
  8. European union instruments in the field of criminal law and related texts, Council of the EU, December 2009, Download the file;
  9. 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;

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