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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 Mutual Recognition Mechanism: Object, Actors, Mechanism, and Characteristics

The Mutual Recognition Mechanism: Object, Actors, Mechanism, and Characteristics

(p.282) 2 The Mutual Recognition Mechanism: Object, Actors, Mechanism, and Characteristics
The Principle of Mutual Recognition in EU Law

Christine Janssens

Oxford University Press

This chapter examines the object, actors, mechanism, and characteristics of the principle of mutual recognition. First, it concludes that the object relates mostly to acts of states and is thus essentially public in nature. Similarly, it finds that with regard to the actors that are in charge of the application of the principle, the public nature prevails. It considers that the mechanism basically comes down to a transfer of (regulatory or judicial) competence between Member States. This transfer implies that the competent authorities are required to take due account of foreign decisions either by doing or not doing something. Admittedly, mutual recognition and trust constitute the point of departure, yet several mechanisms indicate that the country of destination often still disposes of an important margin of control. With regard to the characteristics this chapter concludes that the principle of mutual recognition presents itself as versatile, functional-teleological, flexible, and non-automatic.

Keywords:   Mutual recognition, object, actors, mechanism, characteristics, transfer of competence, versatile, functional-teleological, flexible, non-automatic

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