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Cooperation in Criminal Matters and the Rule of Law in the EU and Mercosur: From Comparative Regionalism to Interregional Relations

par Arrighini, Benedetta
Président du jury Briere, Chloe
Promoteur Weyembergh, Anne ;Almeida, Paula
Co-Promoteur Sabia, Rossella
Publication Non publié, 2026-09-17

Thèse de doctorat

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Résumé :

This dissertation examines intra- and interregional cooperation in criminal matters within theEU and Mercosur, focusing on the mutual and complex relationship between cooperation andthe rule of law. While cooperation is essential for combating crime and strengthening the ruleof law, it entails risks if cooperating States fail to respect fundamental rights. Conversely, therule of law can both enhance and limit cooperation by impeding it when such respect is lacking.This research gradually dismantles these concepts within the framework of comparativeregionalism and interregionalism. The dissertation is divided into six chapters, categorised intothree titles. The first title aims to design a comprehensive conceptual framework regarding therule of law and cooperation in criminal matters. Chapter 1 scrutinises the rule of law byexamining European and Latin American approaches. It argues that both regions share acommitment to a thick rule of law, where the protection of fundamental rights is a central pieceof the legal order. Chapter 2 delves into the connection between cooperation and the rule oflaw, highlighting the prohibition of torture and the right to a fair trial. These rights are deeplyinterconnected within the tension between security interests and criminal law guarantees. Thechapter concludes by recommending an expansion of mutual knowledge to foster the trustessential for verifying the effective protection of fundamental rights. The second title enters afull mode of comparative legal studies, focusing on the transfer of the suspected or accusedand the sharing of evidence. Chapter 3 examines surrender proceedings, comparing theEuropean Arrest Warrant (EAW) with the Mercosur regional framework, including the 1998Convention on Extradition and the 2010 Mercosur Mandado de Captura. Although the latter isnot yet in force, it offers a vital parameter to understand the evolution of surrender. Chapter 4illustrates cross-border investigation, focusing on the European Investigation Order (EIO), the1996 Mercosur Agreement on Mutual Legal Assistance, and Joint Investigation Teams. Bothchapters evaluate regional integration, the effectiveness of these mechanisms, and their respectfor the prohibition of torture and fair trial rights, claiming that mutual knowledge serves as astarting point for the preservation of the rule of law. The final title explores the interregionallevel, beginning in Chapter 5 with ‘hybrid’ interaction. It examines how Brazil’s bilateralrelations with Portugal, Italy, and Belgium, alongside engagement with EU agencies likeEuropol and Eurojust, serve as a foundation for broader multilateral frameworks. Chapter 6shifts focus to the evaluation of non-legal instruments and project-based initiatives, such as the1995 Framework Cooperation Agreement and programmes like EL PAcCTO, Copolad, andEurofront. These initiatives build operational capacity and trust even in the absence of a formallegal framework. Ultimately, the dissertation concludes by proposing normativerecommendations for a balanced framework for interregional cooperation. These proposals aregrounded in the conviction that the protection of fundamental rights must serve as theindispensable foundation for any cooperative relationship, ensuring that effectiveness intransnational justice does not come at the expense of the rule of law.