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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 Principle as Judicial Impetus for Powerful EU-wide Application of the Ne Bis In Idem Principle

The Mutual Recognition Principle as Judicial Impetus for Powerful EU-wide Application of the Ne Bis In Idem Principle

Chapter:
(p.132) 1 The Mutual Recognition Principle as Judicial Impetus for Powerful EU-wide Application of the Ne Bis In Idem Principle
Source:
The Principle of Mutual Recognition in EU Law
Author(s):

Christine Janssens

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199673032.003.0006

This chapter analyses the ECJ's ne bis in idem case law. First of all, this chapter assesses to what extent the ECJ balances the three elements that underpin the area of freedom, security, and justice – namely: freedom, security and justice – against each other. Then, attention is paid to the relationship between mutual recognition and mutual trust and the relationship between mutual recognition and harmonization. Subsequently, a terminological issue is being discussed, namely which concept(s) correspond(s) best to the ne bis in idem principle: ‘equivalence’, ‘mutual recognition’, and/or ‘the country of origin’. Finally, the chapter rounds up with an overview of the limits to the principle of mutual recognition, in particular the criteria included in Article 54 CISA, the margin of control for the Member States involved.

Keywords:   Mutual recognition, ne bis in idem, area of freedom, security and justice, trust, harmonization, equivalence, country of origin, limits

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