The nature of mutual recognition in European Law : re-examining the notion from an individual rights perspective with a view to its further development in the criminal justice area

This dissertation includes a comparative study of the nature of mutual recognition in European law within the framework of the European arrest warrant, among others. One of the conclusions is that mutual recognition does not mean a judge should blindly implement a ruling made by another Member State. After all, people have rights; especially when extradition is requested for minor offenses or in the event of poor prison conditions in the issuing Member State. If we hope to improve human and civil rights in Europe, judges should intervene when these rights are in danger of being violated.