The Nature of Mutual Recognition in European Law
The Nature of Mutual Recognition in European Law

Author: Wouter van Ballegooij

Publisher:

Published: 2015-07-01

Total Pages: 414

ISBN-13: 9781780683263

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There is substantial disagreement in academic literature over how to address the tensions between the application of mutual recognition and the safeguarding of individual rights, particularly in the EU's criminal justice arena. This book investigates those tensions by re-examining the nature of mutual recognition in European law from an individual rights perspective. A key question is the role played by mutual recognition in the process of reconciling free movement and other interests. The book contains a comparative analysis of mutual recognition in the internal market and the 'area of freedom, security, and justice.' It assesses mutual recognition in the context of the aims of both areas, as well as the principles of European law and norms laid down in primary/secondary EU law. The analysis follows mutual recognition in the fields of product requirements, professional qualifications, and judicial decisions in criminal matters. The book concludes that the core function of mutual recognition has been obscured by assertions made by EU policy makers regarding its consequences, which fail to distinguish between policy objectives, integration methods, and legal obligations. This has also led to a debate among academics and an interpretation of mutual recognition by the Court of Justice which presents an unnecessary conflict between the application of mutual recognition and the safeguarding of individual rights. It is argued that, for mutual recognition to have a stable future in the EU criminal justice area, clarity regarding its aims is urgently required and individual rights need to be enhanced, both in judicial cooperation measures and through harmonization of suspects' rights in criminal proceedings. (Series: Ius Commune Europaeum - Vol. 138) [Subject: European Law, Human Rights Law, Criminal Justice]

The Principle of Mutual Recognition in EU Law
The Principle of Mutual Recognition in EU Law

Author: Christine Janssens

Publisher:

Published: 2013-10

Total Pages: 407

ISBN-13: 0199673039

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Examining the principle of mutual recognition in the EU legal order this volume asks whether the principle as developed in the internal market, can and should be applied in judicial cooperation in criminal matters in the area of freedom, security, and justice.

Mutual Recognition of Judicial Decisions in European Criminal Law
Mutual Recognition of Judicial Decisions in European Criminal Law

Author: Libor Klimek

Publisher: Springer

Published: 2016-12-09

Total Pages: 768

ISBN-13: 3319443771

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This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.

EU Criminal Law
EU Criminal Law

Author: Valsamis Mitsilegas

Publisher: Bloomsbury Publishing

Published: 2009-03-16

Total Pages: 561

ISBN-13: 184731726X

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EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.

The Principles of Mutual Recognition in the European Integration Process
The Principles of Mutual Recognition in the European Integration Process

Author: F. Schioppa

Publisher: Springer

Published: 2005-05-31

Total Pages: 257

ISBN-13: 0230524354

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Mutual Recognition (MR) implies that each Member State is free to use the standards for production it prefers but cannot inhibit the import from other Member States lawfully using other standards, unless justified by emergency reasons. The home country rule then prevails on the host country. Barriers to entry diminish, competition rises in the internal market. This volume looks at a number of aspects of MR, including why its importance cannot be understood outside the general practice of free movement and how some elements of MR already emerge in the skilled labour market of professionals.

Europe's Area of Freedom, Security, and Justice
Europe's Area of Freedom, Security, and Justice

Author: Neil Walker

Publisher: Collected Courses of the Acade

Published: 2004

Total Pages: 358

ISBN-13:

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This collection brings together leading specialists in the areas of European Union law which are now organized under the Area of Freedom, Security and Justice (AFSJ).

The Principle of Mutual Trust in EU Criminal Law
The Principle of Mutual Trust in EU Criminal Law

Author: Auke Willems

Publisher: Bloomsbury Publishing

Published: 2021-02-11

Total Pages: 352

ISBN-13: 1509924558

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This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.

Controlling EU Agencies
Controlling EU Agencies

Author: Miroslava Scholten

Publisher: Edward Elgar Publishing

Published: 2020-05-29

Total Pages: 361

ISBN-13: 1789905427

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Controlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification and Europeanisation of the executive in the EU.

The Principle of Mutual Recognition in EU Law
The Principle of Mutual Recognition in EU Law

Author: Christine Janssens

Publisher: OUP Oxford

Published: 2013-10-31

Total Pages: 1970

ISBN-13: 0191653896

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Examining the principle of mutual recognition in the EU legal order, this book takes a cross-policy approach to focus on the principle in the internal market and in the criminal justice area. It asks whether the principle of mutual recognition, as developed in relation to the free movement provisions (internal market), can equally be applied in judicial cooperation in criminal matters (the area of freedom, security, and justice), and if such a cross-policy application is desirable. Divided into three parts, the book first looks at the way this principle functions in the internal market. Part II examines how the principle works in judicial cooperation in criminal matters, with the final part answering the book's central questions. In each part, further related questions are asked: What is the object of the principle of mutual recognition? Who are the main actors involved? How does the mechanism of mutual recognition operate (with an emphasis on the existing limits to mutual recognition)? How does mutual recognition relate to harmonization and to mutual trust? What is the relevance of equivalence requirements and the distribution of competence between the home (issuing) State and the host (executing) State? What are the main characteristics of the principle of mutual recognition? And is it a workable principle? Through an in-depth analysis of the relevant Treaty provisions, EU legislation, EU case law, and EU policy documents, the book comes to the conclusion that a cross-policy application of the principle of mutual recognition is both feasible and desirable.