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The Principle of Mutual Recognition in EU Law$
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Christine Janssens

Print publication date: 2013

Print ISBN-13: 9780199673032

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199673032.001.0001

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The Introduction of the Principle of Mutual Recognition in Two Distinct but Intertwined Policy Areas

The Introduction of the Principle of Mutual Recognition in Two Distinct but Intertwined Policy Areas

Chapter:
1 The Introduction of the Principle of Mutual Recognition in Two Distinct but Intertwined Policy Areas
Source:
The Principle of Mutual Recognition in EU Law
Author(s):

Christine Janssens

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199673032.003.0010

This chapter recalls that the principle of mutual recognition has been introduced in the two contexts for similar reasons. It is then sustained that despite the different objectives that underpin both areas of law and the so-called ‘special’ nature of criminal law, the principle of mutual recognition is suitable to fulfil its role in both contexts. It is argued that not so much the nature of the objectives is decisive but rather the balancing mechanism that the ECJ applies. The internal market and the area of freedom, security, and justice should not be seen as two totally different areas, but rather as complementary areas in which the free movement of persons and the protection of human rights take a central position. With regard to the ‘special’ nature of criminal law, one should bear in mind the EU integration process which prompts a reconsideration of concepts such as ‘sovereignty’ and ‘territoriality’

Keywords:   Mutual recognition, objectives, balancing mechanism, internal market, area of freedom, security and justice, sovereignty, territoriality

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