Trust in the Law? Mutual Recognition as a Justification to Domestic Criminal Procedure

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Abstract

This article closely analyses mutual recognition as a justification for EU legislative activity in the field of domestic criminal procedure. By looking at the structure, wording and purpose of the Treaties, the article first discusses the proper interpretation of the mutual recognition criterion in Article 82(2) TFEU. It argues for a narrow construction of Article 82(2) TFEU, suggesting that the expression ‘enabling mutual recognition’ is capable of substantially confining EU action on criminal procedure. The article challenges the justification for having EU competence in domestic criminal procedure on the basis that it enables mutual recognition. It advances the proposition that it is very difficult to defend on a conceptual and empirical basis that harmonisation has a positive effect on the operation on mutual recognition.

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Research areas and keywords

Subject classification (UKÄ) – MANDATORY

  • Law

Keywords

  • EU Law, Mutual Trust, Mutual Recognition
Original languageEnglish
Pages (from-to)1-30
Number of pages31
JournalEuropean Constitutional Law Review
Volume16
Issue number1
Publication statusPublished - 2020 Mar 16
Publication categoryResearch
Peer-reviewedYes

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