Alcuni spunti riflessivi sull’evoluzione della competenza penale dell’Unione europea e sulle criticitá “procedurali” della cooperazione giudiziaria in materia

This study aims to examine the principles of mutual recognition and mutual trust, which encounter ever-present “procedural” challenges in the national execution of criminal judicial cooperation instruments. Specifically, the European Arrest Warrant will be discussed in relation to these principles after the evolution of the Union’s criminal competence has been reconstructed. Member states, national authorities, and legal practitioners in general are forced to firmly anchor themselves to the fundamental principles of their own procedural and constitutional systems due to the lack of a “system” guarantee of the Union’s legal system itself, as well as the absence of European criminal and procedural rules.