Abstract

The goal of this chapter is to critically analyse the impact of the CJEU’s judgment in Minister for Justice and Equality v R.O. on the principle of mutual trust, defence rights, and the future of UK-EU cooperation in the AFSJ. In this case, the CJEU had to decide whether European arrest warrants (EAWs) issued by the UK after activating article 50 TEU should be executed. The Court responded in the affirmative by considering that the principle of mutual trust supported the execution of until Brexit day. The fact that the individual had to serve the sentence during the transitional period or after withdrawal did not modify this decision. This has important implications for the conception of mutual trust that has its basis on the ECHR now at the expense of threatening the autonomy of EU law.