"The European Arrest Warrant: In Member States we trust, or do we? - Severe deficiencies in the EU Member States’ prisons raise challenges to the protection of fundamental rights"

Abstract: The European Arrest Warrant has been acclaimed for its success since it entered into force on 1 January 2004. The principles of mutual recognition and mutual trust, which initially were intended to ensure free movement within the internal market, became cornerstones of EU cooperation in criminal law matters. However, the main difference is that the EAW is a cross-border surrender procedure affecting individuals deprived of their liberty, not the marketability of goods. Mutual trust presumes that all EU Member States respect fundamental rights to the same extent, which has been proven to be an ambitious presumption within the EAW system. Severe deficiencies related to overcrowding and material conditions in the EU Member States' prisons have caused great concerns by the ECtHR and various human rights organizations. Some of the EU Member States are violating the prohibition of inhuman or degrading treatment due to their prison standards. Given the increased awareness in light of reports and ECtHR’s findings, the CJEU has been required to take a position on the protection of fundamental rights in the surrender process. At the same time, abandoning the principle of mutual trust has not been an option. Consequently, inadequate prison standards remain one of the main challenges within the EAW context. By drawing attention to the conflict of interests at the EU level and the problematic factors relating to prison conditions in the Member States, the thesis aims to contribute to a broader understanding of the vagueness in the system and how it affects the protection of fundamental rights in practice. Additionally, the thesis will discuss if there are any solutions that can resolve the inadequacies.