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On The Principle Of Mutual Recognition Of EU Criminal Justice Area

Posted on:2011-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:J ChangFull Text:PDF
GTID:2206360308971978Subject:International law
Abstract/Summary:PDF Full Text Request
Mutual recognition is the principle whereby a decision by the judicial authority of a Member State is recognised and, if necessary, enforced in another Member State. This principle helps to facilitate judicial cooperation in European Union, and criminal decision can be implemented rapidly. Mutual recognition was already being applied successfully in the Community with the creation of the Single Market. Now it is used as part of the process of reforming criminal cooperation following the entry into force of the Treaty of Amsterdam, with the goal of building an area of freedom, security and justice.The Tampere European Council of October 1999 famously declared that mutual recognition is the cornerstone of judicial cooperation in both civil and criminal matters within the Union. After the entry into force of the Treaty of Amsterdam, the European Union adopted a series of action plan and programme measures to implement the principle of mutual recognition in criminal matters. Many framework decision has been passed, such as European Arrest Warrant, European Confiscation order, European Enforcement Order, European Evidence Warrant, European Financial penalties, European Freezing order, European Protection Order, European supervision order in pre-trial procedures and recognition and alternative sanctions.The implementation of the principle of mutual recognition in criminal matters in reaches first base. However, there are still some problems. This implies reciprocal trust by Member States in each others' criminal justice systems. To resolve this problem, Member Stated must enhance the lever of mutual trust. The Treaty of Lisbon makes the principle of mutual recognition the foundation of judicial cooperation. This means the EU has the ambition of implementing this principle.
Keywords/Search Tags:Mutual Recognition, The European Union, Criminal Cooperation, Framework Decision
PDF Full Text Request
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