The Principle of Mutual Recognition in the EU

Hardcover | November 30, 2013

byChristine Janssens

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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 movementprovisions (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 areasked: 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 isthe 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.

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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 movementprovisions (internal market), can equally be ap...

Christine Janssens holds a Master's degree in Law (Universiteit Antwerpen, 1999) and Criminology (Vrije Universiteit Brussel, 2007), an LLM in EU Law (Universidad Carlos III, Madrid) and a Ph.D. in Law (Universiteit Antwerpen, 2011). She is currently a Post-Doctoral Research Fellow, Fund for Scientific Research Flanders (FWO), at the U...

other books by Christine Janssens

Format:HardcoverDimensions:400 pages, 9.21 × 6.14 × 0.1 inPublished:November 30, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199673039

ISBN - 13:9780199673032

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Table of Contents

IntroductionPart I Frame of Reference: Mutual Recognition in the Internal Market Context1. The Principle of Mutual Recognition as Judicial Impetus for the Free Movement Provisions2. The Development of the Principle of Mutual Recognition in the Secondary Legislation3. The Workability of the Principle of Mutual Recognition in the Internal Market4. Conclusions on the Principle of Mutual Recognition in the Internal MarketPart II Mutual Recognition in the EU Criminal Justice Area5. The Mutual Recognition Principle as Judicial Impetus for a Powerful and EU-Wide Application of the ne bis in idem Principle6. The Principle of Mutual Recognition as Legislative Impetus for Efficient Judicial Cooperation in Criminal Matters7. The Workability of the Principle of Mutual Recognition in Criminal Matters8. Conclusions on the Principle of Mutual Recognition in the EU Criminal Justice AreaPart III Mutual Recognition from a Cross-Policy Perspective: A Search into the Viability of the Internal Market Analogy9. The Introduction of the Principle of Mutual Recognition in Two Diverging, but Intertwined, Policy Areas10. The Mutual Recognition Mechanism: Object, Actors, Mechanism, and Characteristics11. The Workability of the Principle of Mutual Recognition12. General ConclusionsBibliography