Not as special: The Court's decision on the risk of a breach of the Charter following surrender to the United Kingdom in Case C-202/24 <i>Alchaster</i>

This note examines the Court of Justice's ruling in the Alchaster case concerning judicial authorities’ assessment of the risk of a breach of fundamental rights following surrender to the United Kingdom. The Court of Justice denied the application of the principle of mutual trust to the surrender procedure established by the Trade and Cooperation Agreement, despite having applied the principle to the surrender agreement with Norway and Iceland. A ‘particular’ reason for the inapplicability of mutual trust is that the UK is not part of the ‘European area without internal borders’. Norway is part of that area by virtue of implementing the Schengen acquis and participating in the internal market through the EEA Agreement. The Court ruled that the UK does not have ‘as special’ a relationship with the EU as Norway does. Since the principle of mutual trust does not apply to the TCA surrender procedure, judicial authorities cannot use the two-step test from the Aranyosi and Căldăraru to determine if the Charter prevents surrender. Instead, judicial authorities must conduct an independent review following the Court’s approach in cases concerning extradition to third states.