What is the value of mutual recognition today?: Compatibility of passive extraditions to belgium with the fundamental human rights in the light of the detention in belgian prisons

Abstract

This article examined the current value of mutual recognition within the European Arrest Warrant system, focusing on passive extraditions to Belgium and their compatibility with fundamental human rights. Particular attention was given to detention conditions in Belgian prisons. 

The research aimed to assess whether extraditions to Belgium remain compatible with fundamental rights obligations, especially in light of structural deficiencies in prison conditions and evolving case law. 

A doctrinal legal analysis was conducted, combining the study of European Union legislation, case law of the Court of Justice of the European Union and the European Court of Human Rights, and reports from national and international monitoring bodies on Belgian prison conditions.

The findings showed that, although the European Arrest Warrant system was based on mutual trust, this trust had been increasingly challenged by persistent human rights violations in Belgian prisons, including overcrowding, inadequate hygiene, violence, and insufficient healthcare. Case law established a two-step assessment allowing suspension or refusal of extradition in cases of real risk of inhuman or degrading treatment, yet imposed a high evidentiary burden on executing states. Despite repeated condemnations of Belgium, structural improvements remained limited, raising doubts about the practical effectiveness of fundamental rights safeguards. 

The research concluded that the principle of mutual trust was under significant strain and that the current legal framework insufficiently addressed systemic deficiencies, making a reassessment of the European Arrest Warrant system necessary