Limits of mutual recognition in cooperation in criminal matters within the EU - especially in the light of recent judgments of both European Courts
This article analyses the limits of the principle of mutual recognition in cooperation in criminal matters. To start with, some characteristics of mutual recognition are analysed, which are the multilevel character of the principle, its functions and the degree to which it is realised. The limits are then analysed, and these are divided into three main groups; limits based on EU rules and principles, limits based on the character of cooperation in criminal matters and the limits based on fundamental rights. The case law of the CJEU is discussed in this context, expecially where this impacts on the limits. The limits are then examined in relation to four levels; the EU legislative level, the EU application level, the national legislative level aand the national application level, as the limits function differently depending on which level they actualise. What the limits mean are then examined after that, followed by some concluding remarks.
Journal/Publisher: European Criminal Law Review, 3/2014
Publication type: Article
Number of pages/Page range: 210-235
Language/s (content): English
Date of publication: 01-09-14
Personal data
Full name Annika SUOMINEN
Current occupation Contact Point
University/Institution University of Bergen
Address Magnus Lagabøtes plass 1, POB 7806
Postal code 5020
Country Norway