Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice: A Role for Proportionality?

Acknowledgements
Contents
Table of Cases
Table of Legislation
Introduction
	Research Questions
	Findings and Arguments
	Scope
	Choice of Instruments
	Structure
1. Mutual Recognition: From Passive to Active Recognition
	Introduction
	Overview of the Area of Freedom, Security and Justice
	Origins of Mutual Recognition
	Transfer of Mutual Recognition to the Area of Freedom, Security and Justice
	Typology and Operation of Mutual Recognition
	Development of Mutual Recognition
	Conclusion
2. Mutual Trust: From Blind to Gained Trust
	Introduction
	Evolution of Trust
	Age of Distrust?
	Grounds for Pragmatic Earned Trust
	Conclusion
3. Deconstructing Proportionality
	Introduction
	Early Philosophical Foundations
	Emergence of a Legal Doctrine
	Structure of the Proportionality-based Analysis
	Challenges and Limits
	Proportionality in EU Law
	Conclusion
4. The Quest for Balancing in the AFSJ Case Law: Needle in a Haystack
	Introduction
	Protection of Victims in Criminal Proceedings Case Law
	European Arrest Warrant Case Law
	Dublin System Case Law
	Conclusion
5. Constructing Proportionality for the Area of Freedom, Security
and Justice
	Introduction
	Deconstructing EU Fundamental Rights
	Constructing Proportionality for the AFSJ
	Variable Intensity
	Conclusion
6. Case Study I: European Arrest Warrant Transfers
	Introduction
	EU Criminal Justice: Evolution and Framework in the Context of Mutual Recognition
	Surrender Procedures and Fundamental Rights Breaches
	Informing and Applying a Proportionality-based Analysis in the Context of the FDEAW
	Conclusion: The Impact of Proportionality-based Analysis on Surrenders
7. Case Study II: Dublin Transfers
	Introduction
	Public Discourse and EU Asylum Law
	The Common European Asylum System
	Conclusion
Reflecting and Looking Ahead Summation of Arguments, the Way Forward and Conclusion
	Summation of Arguments
	The General Reach of the Argument and its Limits
	Variable Impact of Proportionality-based Analysis
	The Way Forward for Mutual Trust and Recognition
	The Need for a Consistent Theory of Fundamental Rights for EU Law
	Conclusion
Bibliography
Index