Systemic deficiencies and recognition of measures involving deprivation of liberty. On the judgment of the Court of Justice of November 9, 2023, Staatsanwaltschaft Aachen
DOI:
https://doi.org/10.18042/cepc/rdce.78.07Abstract
To date, the Court of Justice has never supported the complete suspension of mutual trust towards a Member State. Although there may be systemic problems in any Member State related to certain founding values, in particular the rule of law, it has never considered to justify a suspension of this principle because it could have extremely detrimental consequences for the functioning of the Union. It is probably due to this risk that the Court of Justice has chosen to define strictly the exceptions. The ruling that is the subject of this paper confirms this doctrine, once again rejecting that an executing judicial authority is empowered to deny enforcement based merely on the allegation of general systemic deficiencies. Consequently, execution remains the principle, while its refusal is conceived as an exception that must be subject to strict interpretation. Doubts remain, however, as to whether this doctrine is consistent with the jurisprudence of the ECtHR. Although according to the Convention, the general situation in the country of destination can be the starting point, the ECtHR always allows applicants to demonstrate the existence of relevant individual circumstances that may put them in danger, even if it cannot be demonstrated the existence of general systemic deficiencies.
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