During a time of distrust towards some Member States, the position of fundamental rights when executing a European Arrest Warrant (EAW) has been strengthened. The article considers whether the European Court of Justice (ECJ) is now ‘taking rights seriously’ as regards the EAW. To this end, it employs a theoretical and contextual approach that supports a comprehensive analysis of case-law. First, the article borrows from a theory of rights as trumps and observes that rights are no longer treated as norms with no special force that are in the way of cooperation interests. Second, the article offers a contextual exegesis of this trajectory, by mapping drivers of distrust and evaluating their impact on the position of rights. Through contextualisation, it is argued that distrust, although limited by its circumstances, has offered a compelling opportunity for the ECJ to take rights seriously, paving the way forward for future case-law.

中文翻译：

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不信任背景下的欧洲逮捕令：法院是否认真对待权利？

在对一些成员国不信任的时期，执行欧洲逮捕令（EAW）时的基本权利地位得到了加强。文章探讨了欧洲法院 (ECJ) 现在是否正在“认真对待 EAW 的权利”。为此，它采用了支持对判例法进行全面分析的理论和背景方法。首先，文章借鉴了权利为王牌的理论，认为权利不再被视为不具有特殊力量、妨碍合作利益的规范。其次，本文通过绘制不信任的驱动因素并评估其对权利地位的影响，对这一轨迹进行了上下文解释。通过情境化，有人认为，不信任尽管受到环境的限制，