The relationship between the principle of mutual trust and social rights: the issue of poor detention conditions in the context of the European Arrest Warrant
Dr Marie-Luce Paris
Neža’s PhD project explores the issue of detention conditions in the context of the European Arrest Warrant through the lens of the relationship between the principle of mutual trust and social rights in EU law.
Individuals that are transferred on the basis of a European Arrest Warrant often find themselves facing poor detention conditions in the issuing Member State. These detention conditions do not always reach the threshold of a breach of the prohibition of inhuman and degrading treatment (a civil right), but can nevertheless breach social rights of individuals, for example the right to healthcare and the right to an adequate standard of living. Stemming from the normative premise of having to take social rights in the EU seriously, this project explores the potential of EU law to address this issue.
The project proposes to approach the issue of poor detention conditions by considering the obligations that arise from the relationship between the principle of mutual trust and fundamental rights, i.e. the obligation to refuse mutual recognition on fundamental rights grounds and the obligation to approximate fundamental rights standards in order to increase de facto trust among Member States. Thus, the project asks whether, how and to what extent these obligations apply (or should apply) more specifically in the relationship between mutual trust and social rights and can consequently contribute to dealing with the issue of poor detention conditions to which individuals can be subjected as a consequence of a European Arrest Warrant.
Neža graduated from the Faculty of Law of the University of Ljubljana, Slovenia, in 2013. During her time in Ljubljana, she participated in the Central and East European Moot Competition, where she was awarded the Best Speaker Prize. She was also involved in coaching the University’s mooting teams for the CEEMC and ELMC competitions. In 2015, Neža graduated with an LLM degree (with distinction) from the University of Edinburgh, where she was awarded The University of Edinburgh UK/EU Master’s Scholarship and the Edinburgh Law School’s Tercentenary Award for Excellence. Following graduation, Neža completed traineeships at various Slovene national courts, at the European Court of Human Rights in Strasbourg and at the Legal of Service of the European Commission in Brussels, before taking up a position as an assistant lawyer at the ECtHR. In 2017, she passed the Slovene State Examination in Law (Bar Exam). Neža began her doctoral studies at the UCD Sutherland School of Law in 2017. While at UCD, she tutored Constitutional Law and worked as a research assistant on the Effective Nature Laws project. She is currently tutoring in EU Constitutional Law and EU Economic Law. Her doctoral studies are funded by the UCD Sutherland School of Law.
Presentations and/or Publications:
Neža Šubic, “Executing a European Arrest Warrand in the Middle of a Rule of Law Crisis: Case C-216/18 PPU Minister for Justice and Equality (LM/Celmer)” 21 Irish Journal of European Law 98.
Neža Šubic, “Normative Content of the Principle of Mutual Trust in the AFSJ”, conference paper presented to the tenth Trinity College Law Student Colloquium, Dublin, 9 February 2019.