Title Transferring Alternatives to Pre-trial Detention in the European Union context. Can European Agreements Be Trusted?
Authors MONTERO PÉREZ DE TUDELA, ESTHER, MONTERO PÉREZ DE TUDELA, ESTHER
External publication No
Means Victims Offenders
Scope Article
Nature Científica
JCR Quartile 3
SJR Quartile 1
Area International
Publication date 17/08/2020
ISI 000547626300001
DOI 10.1080/15564886.2020.1792380
Abstract One critical element of interagency and international cooperation in the area of criminal justice is whether organizations - and more generally countries - can trust one another to follow through on agreements that have been mutually established, such as the utilization of a home country's alternatives to incarceration. This paper builds on the existing literature on mutual trust and adds more empirical data regarding how competent authorities in the European Union (EU) perceive the mutual trust concept in day-to-day practice. In our examination of mutual trust, we draw on an EU survey and three interviews with judiciary members in Spain. Based on our review of the survey findings and interview data, we find that, although mutual trust is essential for all mutual recognition instruments in the EU, its dimensions are far from being fully understood. Whilst the political discourse at the EU level presumes the "pure" existence of the mutual trust, both the European Court of Justice and the European Court of Human Rights recognize its limitations, especially when human rights standards are in question. Scholars have also started to challenge the absolute existence of mutual trust independent of any determinants. This paper adds to this debate by illustrating how mutual trust is not only complex and dynamic but also selective and differential. It seems that different problem-solving strategies in the field of criminal and juvenile justice demand different levels of mutual trust, and mutual trust appears to manifest itself more with some Member States than with others.
Keywords Mutual trust; mutual recognition; area of freedom; security and justice
Universidad Loyola members