Publication details
The principle of mutual recognition in criminal matters from the Perspective of European Union
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| Year of publication | 2012 |
| Type | Chapter of a book |
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| Description | The chapter deals with the principle of mutual recognition which is considered to be the cornerstone of judicial cooperation in the European Union. The principle of mutual recognition is currently at the basis of many legal instruments governing judicial cooperation in criminal matters including final decisions, as well as decisions taken during the pre-trial stage. And we should consider now whether the principle of mutual recognition has met expectations in areas of judicial cooperation or not or if we need to harmonise the legislation of criminal law of all European countries. The principle of mutual recognition is suitably applied to the European arrest warrant, so the Framework decision on European Arrest Warrant is briefly described. A harmonised form of European arrest warrant has been introduced which not only speeds up, but also simplifies the administrative and translation element where all official language versions of the form are available to courts also in electronic form. Mutual recognition principle is not a completely new concept but the basic prerequisite for this is the mutual trust. The European arrest warrant is a very recent institution in the legislation of the Czech Republic and Poland, but it has been successfully integrated in the practice of judicial authorities and can be considered favourable. The mutual recognition is not a concept generally applicable to all acts, decisions and judgments of authorities of the Member States and is not yet completely adapted to the needs of criminal law. But if the Member States use mutual recognition principle, we will not need so much harmonisation and approximation of criminal law. |
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