Title: The Principle of Mutual Recognition as Legislative Impetus for Efficient Judicial Cooperation in Criminal Matters
Abstract: This chapter examines the legal instruments on judicial cooperation in criminal matters that are based on the principle of mutual recognition (framework decisions and directives). A first heading discusses the terminological issue concerning mutual recognition, country of origin and equivalence. It states that the ‘country of origin’ and ‘equivalence’ requirements should be seen as flexible tools that enable a tailor-made application of the principle of mutual recognition. A next heading evaluates the relationship between mutual recognition and harmonization. It verifies to what extent the corresponding instruments have included provisions on harmonization and cooperation in order to enhance mutual recognition and mutual trust. A last heading discusses the available limits to the principle of mutual recognition and the margin of discretion for the executing authority which prevent a too radical application of the principle of mutual recognition.
Publication Year: 2013
Publication Date: 2013-10-31
Language: en
Type: book-chapter
Indexed In: ['crossref']
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