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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 Development of the Principle of Mutual Recognition in the Secondary Legislation

The Development of the Principle of Mutual Recognition in the Secondary Legislation

Chapter:
(p.67) 2 The Development of the Principle of Mutual Recognition in the Secondary Legislation
Source:
The Principle of Mutual Recognition in EU Law
Author(s):

Christine Janssens

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199673032.003.0003

This chapter analyses the development of the principle of mutual recognition as legislative tool in the internal market context. First, it examines whether the principle of mutual recognition can be identified with a country of origin principle. Secondly, attention is paid to the interaction between harmonization and mutual recognition. Many instruments foresee some kind of (substantive or procedural) harmonization in order to enhance mutual recognition and mutual trust. Thirdly, an overview is given of the different legislative techniques that constitute a limit to the principle of mutual recognition, with a focus on the difficult boundary between treaty-based and legislative-based grounds for non-recognition, the margin of discretion and control for the Member State of destination, and legislative provisions on abuse of law.

Keywords:   Mutual recognition, legislative techniques, country of origin, harmonization, margin of discretion, abuse of law, limits

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