Article en détail     N° 2017/110    Page : 391
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The European Courts Faced With the Challenge of Mutual Trust

Professeur à l’Université de Strasbourg

23 mai 2016 - Cour eur. dr. h., Gde Ch., Avotinš c. Lettonie

The Court of Strasbourg took a stand for the first time on the mechanisms of mutual recognition and trust which are of fundamental importance in EU law, especially with regard to the area of freedom, security and justice. In the Avotinš judgment, the Court upheld the doctrine of equivalent protection in respect of the European Union.

Nonetheless, the Court specified that, where the conditions for application of the presumption of equivalent protection are met, it must satisfy itself that « the mutual recognition mechanisms do not leave any gap or particular situation which would render the protection of the human rights guaranteed by the Convention manifestly deficient ».

From its side, the Court of justice in its Aranyosi and Caldararu

judgment has limited the application of the principle of mutual trust in

cases alleging that fundamental rights have been seriously violated. It

demonstrates a rapprochement with the vision of the Court of Strasbourg.

Since the opinion 2/13 of the Court of Justice, each of the jurisdictions

seems to have made a step towards the other even if it still

remains some dissonances.