By Fazilet Merve Çağlayan
Knock knock! The gavel has been tapped and the sessions of CJEU has officially started. It is magical to sit next to people wearing robes, this year’s CJEU is taking its job very seriously.
Once the pleadings began, The Applicant started to summarize the facts of the case of Harry Styles vs. The Kingdom of Horania; then, they listed their points. After the Applicant, The Defendant made its pleading and this circle continued in every session. While the Applicant was insisting on the fact that the Republic of Zaynia was in breach of the law, the Defendant was saying that the individual’s right should be weighed in the balance test.
Next to the Applicant and the Defendant, The European Commission, Germany and Advocate General did their pleadings. The Commission summarized the under Aranyosi and Căldăraru to avoid misunderstandings amongst parties. Accordingly, Republic of Horania should issue a European investigative order and the Căldăraru test should be applied in the present case since it provides enough protection of human rights and fair trial to Harry Styles.
The Advocate General answered two questions raised by the High Court of Horania. They touched upon the principle of mutual trust and mutual recognition and mentioned that the mutual trust should not be a blind trust; other sources of information should be considered as well.
Germany answered two vital questions raised by the court. They scrutinized the importance of human dignity and gave examples from case law. Their focus was on the right to fair trial and inhuman and degrading treatment.
Overall, the level of the debate was fascinating; all delegates were well-prepared and professional. However, there was a common problem on pronouncing the most crucial case on the subject matter: Aranyosi and Căldăraru. Every time when a delegate needs to pronounce it, they were smiling beforehand, so you could understand that this case was coming next. I think our Madam President may make a pronunciation contest among delegates and reward the best one! If there are punishments, there should be some rewards as well, right?