The Principle of Mutual Recognition in the EU

Author: Christine Janssens
Publisher: Oxford University Press
ISBN: 9780199673032
Published In: November 2013
Format: Hardback , 416 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author

Details

The first detailed and comprehensive analysis of the role of the principle of mutual recognition and the interrelationship between internal market law and criminal law
Provides a structured cross-policy approach to a core principle of EU law
Examines the complex question of the use of the principle in areas of EU law beyond the internal market

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.

Readership: Academics and advanced students of EU law, internal market law, and criminal law; legal practitioners and government officials working in the same fields.

Introduction
Part I Frame of Reference: Mutual Recognition in the Internal Market Context
1: The Principle of Mutual Recognition as Judicial Impetus for the Free Movement Provisions
2: The Development of the Principle of Mutual Recognition in the Secondary Legislation
3: The Workability of the Principle of Mutual Recognition in the Internal Market
4: Conclusions on the Principle of Mutual Recognition in the Internal Market
Part II Mutual Recognition in the EU Criminal Justice Area
5: The Mutual Recognition Principle as Judicial Impetus for a Powerful and EU-Wide Application of the ne bis in idem Principle
6: The Principle of Mutual Recognition as Legislative Impetus for Efficient Judicial Cooperation in Criminal Matters
7: The Workability of the Principle of Mutual Recognition in Criminal Matters
8: Conclusions on the Principle of Mutual Recognition in the EU Criminal Justice Area
Part III Mutual Recognition from a Cross-Policy Perspective: A Search into the Viability of the Internal Market Analogy
9: The Introduction of the Principle of Mutual Recognition in Two Diverging, but Intertwined, Policy Areas
10: The Mutual Recognition Mechanism: Object, Actors, Mechanism, and Characteristics
11: The Workability of the Principle of Mutual Recognition
12: General Conclusions
Bibliography

Christine Janssens, Post-Doctoral Fellow of the Research Foundation Flanders (FWO) at the Law Faculty of the University of Antwerp

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 University of Antwerp where she performs research in the field of EU law, with an emphasis on EU criminal law and EU internal market law. Prior to that, she completed a traineeship at the European Commission's DG Justice and Home Affairs and worked as a legal counsel in an international company.