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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 Principle of Mutual Recognition as Legislative Impetus for Efficient Judicial Cooperation in Criminal Matters

The Principle of Mutual Recognition as Legislative Impetus for Efficient Judicial Cooperation in Criminal Matters

Chapter:
(p.166) 2 The Principle of Mutual Recognition as Legislative Impetus for Efficient Judicial Cooperation in Criminal Matters
Source:
The Principle of Mutual Recognition in EU Law
Author(s):

Christine Janssens

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199673032.003.0007

This chapter examines the legal instruments on judicial cooperation in criminal matters that are based on the principle of mutual recognition (framework decisions and directives). A first heading discusses the terminological issue concerning mutual recognition, country of origin and equivalence. It states that the ‘country of origin’ and ‘equivalence’ requirements should be seen as flexible tools that enable a tailor-made application of the principle of mutual recognition. A next heading evaluates the relationship between mutual recognition and harmonization. It verifies to what extent the corresponding instruments have included provisions on harmonization and cooperation in order to enhance mutual recognition and mutual trust. A last heading discusses the available limits to the principle of mutual recognition and the margin of discretion for the executing authority which prevent a too radical application of the principle of mutual recognition.

Keywords:   Mutual recognition, framework decisions, criminal matters, country of origin, equivalence, harmonization, trust, limits, margin of discretion

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