Communication from the Commission to the Council and the European Parliament - Mutual recognition of Final Decisions in criminal matters

Traditional judicial cooperation in criminal matters is based on a variety of international legal instruments, which are overwhelmingly characterised by the "request" principle: one sovereign state makes a request to another sovereign state, which then decides whether or not to comply with it. This traditional system is both slow and complex, which is why the Tampere European Council in October 1999 decided that the principle of mutual recognition should become the cornerstone of judicial cooperation in both civil and criminal matters within the Union. Enhanced mutual recognition in these fields would facilitate cooperation between authorities and at the same time improve the judicial protection of individual rights. The European Council asked the Council and the Commission to adopt a programme of measures by December 2000 aimed at implementing this principle.

By examining the prospects for applying the principle of mutual recognition to final decisions in criminal matters the Commission Communication provides a partial response to this request.