Acceso usuarios
Valsamis Mitsilegas
Informed by theoretical discussions on legal pluralism, this article will examine the rearticulation of mutual trust in European criminal law by analysing the interactions between courts as the key actors of mutual trust from both a horizontal perspective (looking at the degree of mutual accommodation between legal orders and the impact on automaticity in mutual recognition and the scrutiny of national systems in the process of mutual recognition) and from a vertical perspective (looking at questions of authority, supremacy and hierarchy that demands of mutual trust may entail). The article will highlight the emergence of an interlinked system of a three-level dialogue (between the European Court of Justice (ECJ) and national constitutional courts/the Strasbourg Court; between the ECJ and national courts under the preliminary reference procedure; and between national judicial authorities in their operation of the European Arrest Warrant (EAW) system) to manage pluralism in Europe’s area of criminal justice. The impact of this multi-layered judicial dialogue on ordering pluralism through providing credible answers to constitutional concerns related to the protection of fundamental rights and the rule of law will be critically evaluated.
