Mutual Recognition in EU Judicial Criminal Cooperation and Its ‘Conditional Application’ to the European Investigation Order (EIO) Under ECJ Case Law

The European Union relies on the principle of mutual recognition for the circulation ofjudicial decisions of Member States, thus shaping their relations like clay resting on a pedestal of mutual trust. However, if this principle were applied without limitation, the fundamental rights of individuals involved in criminal proceedings would risk being unjustifiably compromised. In particular, blindly accepting the application ofjudicial cooperation instruments in criminal matters — e.g. the European Investigation Order — in a spirit of unconditional and unquestioning solidarity could lead to serious violations of these rights, endangering both mutual trust and the substantive rule of law. In this context, the chapter outlines the relationship between mutual recognition and solidarity, followed by a brief analysis of Court of Justice case law on the European Investigation Order and related practical indications and solutions to the aforementioned risks, with consequences for (even future) Member States that should not be underestimated.