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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 Workability of the Principle of Mutual Recognition in Criminal Matters

The Workability of the Principle of Mutual Recognition in Criminal Matters

(p.234) 3 The Workability of the Principle of Mutual Recognition in Criminal Matters
The Principle of Mutual Recognition in EU Law

Christine Janssens

Oxford University Press

Legal instruments on mutual recognition in criminal matters are still in full development so one should refrain from drawing premature conclusions. However, some (provisional) findings can be made. The most remarkable finding is the discrepancy between the success story of the European Arrest Warrant (EAW) on the one hand and the disappointing results and prospects with regard to the other instruments. This chapter gives an overview of several factors which can explain the advantages of the EAW but also point to some difficulties that this instrument faces in day-to-day practice. It also indicates what could be envisaged to enhance the application of the other instruments on mutual recognition, e.g. measures that pursue a better understanding of the principle; measures that aim to gain an overview of any hindrances; measures that stimulate cooperation, communication, and coordination among the competent authorities; measures that address the issue of costs, and approximation measures.

Keywords:   Mutual recognition, workability, European Arrest Warrant, difficulties, day-to-day practice

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