Belgium and the Basks: the recent Jauregui Espina case as proof of wanting mutual trust. Is European cooperation in criminal matters under pressure?
Departing from a recent ruling by Belgium’s highest Court confirming the refusal of a surrender demanded by Spain through two European Arrest Warrants, this article investigates whether there is a European tendency to forego on the presumed blind faith between states’ legal systems in favour of fundamental rights-based approach. Firstly, three similar cases are analysed. Secondly, the article looks at the consequences for cooperation in criminal matters and the EU’s response. Recent judgments of the European Court of Justice and initiatives stemming from the EU’s Procedural Roadmap are scrutinised. It is indicated that the Court is blowing hot and cold allowing uncertainty to prevail and denying a consistent and integrated approach to the complex relationship between fundamental rights and smooth cooperation. Moreover, the Roadmap sees the EU move further away from a strictly cross-border context. The recent Belgian ruling demonstrates the need for an adequate response from the EU.