JUDGMENT OF 25. 7. 2018 –– CASE C-220/18 PPU GENERALSTAATSANWALTSCHAFT (CONDITIONS OF DETENTION IN HUNGARY) Preliminary observations 48 In order to answer the questions referred, it should be recalled that EU law is based on the fundamental premiss that each Member State shares with all the other Member States, and recognises that they share with it, a set of common values on which the European Union is founded, as stated in Article 2 TEU. That premiss implies and justifies the existence of mutual trust between the Member States that those values will be recognised, and therefore that the EU law that implements them will be respected (judgment of today’s date, Minister for Justice and Equality (Deficiencies in the System of Justice), C-216/18 PPU, paragraph 35 and the case-law cited). 49 Both the principle of mutual trust between the Member States and the principle of mutual recognition, which is itself based on the mutual trust between the latter, are, in EU law, of fundamental importance given that they allow an area without internal borders to be created and maintained. More specifically, the principle of mutual trust requires, particularly as regards the area of freedom, security and justice, each of those States, save in exceptional circumstances, to consider all the other Member States to be complying with EU law and particularly with the fundamental rights recognised by EU law (judgment of today’s date, Minister for Justice and Equality (Deficiencies in the System of Justice), C-216/18 PPU, paragraph 36 and the case-law cited). 50 Thus, when implementing EU law, the Member States may, under EU law, be required to presume that fundamental rights have been observed by the other Member States, so that not only may they not demand a higher level of national protection of fundamental rights from another Member State than that provided by EU law, but also, save in exceptional cases, they may not check whether that other Member State has actually, in a specific case, observed the fundamental rights guaranteed by the European Union (judgment of today’s date, Minister for Justice and Equality (Deficiencies in the System of Justice), C-216/18 PPU, paragraph 37 and the case-law cited). 51 It is apparent from recital 6 of the Framework Decision that the European arrest warrant provided for in that framework decision is the first concrete measure in the field of criminal law implementing the principle of mutual recognition (judgment of today’s date, Minister for Justice and Equality (Deficiencies in the System of Justice), C-216/18 PPU, paragraph 38). 52 As is apparent in particular from Article 1(1) and (2) of the Framework Decision, read in the light of recitals 5 and 7 thereof, the purpose of that decision is to replace the multilateral system of extradition based on the European Convention on Extradition of 13 December 1957 with a system of surrender between judicial authorities of convicted or suspected persons for the purpose of enforcing judgments or of conducting prosecutions, the system of surrender being based on the principle of mutual recognition (judgment of today’s date, Minister for Justice and Equality (Deficiencies in the System of Justice), C-216/18 PPU, paragraph 39 and the case-law cited). 53 The Framework Decision thus seeks, by the establishment of a new simplified and more effective system for the surrender of persons convicted or suspected of having infringed criminal law, to facilitate and accelerate judicial cooperation with a view to contributing to the attainment of the objective set for the European Union of becoming an area of freedom, security and justice, and has as its basis the high level of trust which must exist between the Member States (judgment of today’s date, Minister for Justice and Equality (Deficiencies in the System of Justice), C-216/18 PPU, paragraph 40 and the case-law cited). 54 In the field governed by the Framework Decision, the principle of mutual recognition, which, as is apparent in particular from recital 6 of that framework decision, constitutes the ‘cornerstone’ of judicial cooperation in criminal matters, is applied in Article 1(2) thereof which lays down the rule that Member States are required to execute any European arrest warrant on the basis of the principle of mutual recognition and in accordance with the provisions of the framework decision. Executing judicial authorities may therefore, in principle, refuse to execute such a warrant only on the grounds ECLI:EU:C:2018:589 11