Still Trust? Some Reflections Over the New EU-UK Arrest Warrant

Abstract

This article discusses whether a recognition mechanism based on a relationship of trust sustains surrender under the EU-UK tca. Having framed the main features of the new judicial cooperation arrangements, the article firstly shows that the EU-UK Arrest Warrant entails a brand-new form of recognition of custodial decisions, labelled as recognition à la carte. Secondly, the article underlines that this form of recognition is grounded on a specific relationship of trust, different from the one governing the afsj, framed as mutual core trust. Finally, the paper discusses the enhanced role of the ECtHR in reviewing the application of the EU-UK Arrest Warrant, thus illustrating why ecj case-law concerning the eaw system could play a major role in shaping the Strasbourg Court’s reasoning.