Le garanzie fondamentali dell’ordinamento dell’Unione in materia di cooperazione giudiziaria e i loro beneficiari

Biagioni, Giacomo

2024-01-01

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Abstract

The paper is devoted to the analysis of some general characteristics of EU judicial cooperation, with special reference to the existence of some fundamental guarantees and to the identification of their holders. Moving from the assumption that in this area the implementation of EU’s constitutional principles have a special relevance, given the important implications that measures concerning judicial cooperation may have on the legal sphere of individuals, the paper aims at sketching out the main guarantees applicable in this regard. In particular, it is argued that Article 19 TEU may come into play, insofar as it imposes on Member States the obligation to have a judicial system capable of implementing judicial cooperation as between Member States. In addition, reference is made to the principle of mutual recognition and to the notion of mutual trust, often mentioned as cornerstones of the EU Area of Freedom, Security and Justice, and to the impact of the protection of fundamental rights, which may, depending on the context, either enhance or set limits to the operation of mutual recognition and mutual trust. Moreover, the paper attempts to identify the beneficiaries of those guarantees, submitting that some special features of EU judicial cooperation, as set forth in the Treaties or developed by the Court of Justice of the European Union, may lead to recognize the existence of different categories of beneficiaries and to a quite complex scenario to this regard.