nam 22 uu 4500 10.17176/20180410-104826 DE-Verfassungsblog cr||||| 180410s2018||||xx#|||||o|||| ||| 0|eng|| 10.17176/20180410-104826 doi eng 342 23 Bárd, Petra Author aut Judicial Independence as a Precondition for Mutual Trust Bárd, Petra Verfassungsblog 2018-04-10 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier The Celmer case calls for us to reflect on the question what role judicial authorities can and should play in ensuring compliance with democracy, the rule of law and fundamental rights (DRF) in other EU Member States. In our view, judicial authorities ultimately have an independent responsibility to put a halt to surrenders, in case the wanted person’s fair trial rights are put in peril due to a general lack of judicial independence in the issuing state. At the same time, the political responsibility for balancing diverse EU constitutional principles needs to be borne by democratically elected institutions. Therefore, the court of the executing state should not only halt or suspend judicial cooperation in the event that persuasive pieces of evidence point to a violation of the values shared by the EU and the Member States in the issuing state, but it should also freeze the case awaiting a resolution of the matter from political actors. funded by the government CC BY-NC-ND 4.0 Aranyosi Celmer European Arrest Warrant van Ballegooij, Wouter Author aut Max Steinbeis Verfassungsblog gGmbH Verfassungsblog 2366-7044 https://staging.verfassungsblog.de/judicial-independence-as-a-precondition-for-mutual-trust/ raw object