Once Aranyosi, Always Aranyosi? Considerazioni sulla riproponibilità del test Aranyosi e Căldăraru nell'ambito di alcuni strumenti di cooperazione giudiziaria in materia penale diversi dal mandato d'arresto europeo

In recent years, the approach to mutual trust as the basis of judicial cooperation in criminal matters has changed. The relevant normative and jurisprudential paradigm has shifted from blind trust to the need to be sure that fundamental rights are adequately protected in the Member States of the European Union. For what concerns the CJEU’s case law, this has led to the ruling given in Aranyosi and Căldăraru, where the Court developed a test related to the protection of fundamental rights in the framework of the European Arrest Warrant procedure. The issue that this article tries to tackle is whether that test might apply to other instruments of judicial cooperation in criminal matters, focusing on the framework decision on the transfer of sentenced persons, the framework decision on probation and alternative sanctions, and the framework decision on the European Supervision Order.