GENÉZA VZÁJOMNÉHO UZNÁVANIA JUSTIČNÝCH ROZHODNUTÍ V TRESTNÝCH VECIACH V EÚ
Genesis of the mutual recognition of judicial decisions in criminal matters in the EU
Languages of publication
Nowadays, the judicial co-operation in criminal matters in the EU will be based on the mutual recognition of judicial decisions in criminal matters in the EU. The paper deals with the genesis of the concept. The development of the mutual recognition idea has been gradual process. First, the paper introduces the general knowledge concerning the mutual recognition as a common concept of EU law and its impact in the area of Criminal law. Further, it is focused on its development in the field of judicial co-operation in criminal matters in the light of European Council political documents and relevant EU programmes. In order to implement the mutual recognition a number of legislative instruments have been adopted. The paper analyses early legislative instruments, i.e. the Framework Decision on the European arrest warrant and the Framework Decision on the execution in the EU of orders freezing property or evidence. Moreover, it analyses their testing. Subsequently, the paper deals with other instruments involved in the development of mutual recognition. In the end, it introduces the impact of the Treaty of Lisbon on mutual recognition and its current position in the EU primary law. Naturally, it does not leave out of consideration current development. The paper presents as well newly introduced legislative proposal of instruments implementing the principle of mutual recognition in the EU.
271 – 292
Publication order reference