The Right to Liberty in European Union Law and Mutual Recognition in Criminal Matters

This article analyses the interaction between the application of mutual recognition in criminal matters and the right to liberty. The main argument is that the current content of the right to liberty in EU law is unsuitable for mutual recognition procedures. As for the structure of this article, firstly, the main features of mutual recognition as a method of inter-state cooperation in criminal matters are outlined. Secondly, the approach of the European Union (especially the Court of Justice) to the right to liberty is clarified. Thirdly, four mutual recognition instruments are analysed in light of the right to liberty: namely, the Framework Decisions on the European Arrest Warrant; the Transfer of Prisoners; the Probation Measures; and the European Supervision Order (ESO). The assessment confirms that the higher level of automaticity in judicial cooperation introduced by mutual recognition requires a rethink of the existing understanding of the right to liberty in EU law.

Journal/Publisher: Cambridge Yearbook of European Legal Studies

Publication type: Article

Number of pages/Page range: 24

Language/s (content): English

Date of publication: 21-09-16

Personal data

Full name Leandro Mancano

Current occupation Lecturer in EU Law

University/Institution University of Edinburgh

Address 15 Buccleuch Place

Postal code EH8 9LN

Country United Kingdom

Email Leandro.Mancano@ed.ac.uk