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2017 | Book

Definition of Mutual Recognition in Criminal Matters Read chapter Read first chapter

Mutual Recognition of Judicial Decisions in European Criminal Law

Author: Libor Klimek

Publisher: Springer International Publishing

Part of: Springer Professional "Wirtschaft+Technik" , Springer Professional "Wirtschaft"

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About this book

This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.

Table of Contents

Frontmatter

Introduction to Mutual Recognition in Criminal Matters

Frontmatter
Chapter 1. Definition of Mutual Recognition in Criminal Matters
Abstract
The chapter deals with definition of mutual recognition in criminal matters. It is divided into six sections and includes concluding observations at the end. Section 1.1 introduces mutual recognition as a general concept of the European Union. Section 1.2 focuses on mutual recognition in criminal matters as a part of the judicial co-operation in the European Union. While Sect. 1.3 analyses mutual recognition in criminal matters in European Union primary law, Sect. 1.4 analyses it in European Union secondary law. On the one hand, Sect. 1.5 points out at its scope. On the other hand, Sect. 1.6 points out at grounds for non-recognition or non-execution of the decision as its derogation.
Libor Klimek
Chapter 2. Genesis
Abstract
The chapter deals with genesis of mutual recognition in criminal matters. It is divided into five sections and includes concluding observations at the end. At the outset, Sect. 2.1 focuses on modern European integration in the area of European Union. Further, Sect. 2.2 focuses on mutual assistance as predecessor of the mutual recognition in criminal matters in the European Union. While Sect. 2.3 introduces early ideas of the mutual recognition in criminal matters, Sect. 2.4 analyses the Treaty on European Union in the light of the enhanced co-operation in criminal matters. Section 2.5 analyses concrete steps evolving the mutual recognition in criminal matters.
Libor Klimek
Chapter 3. Methodology
Abstract
The chapter deals with methodology of the monograph. It is divided into nine sections. At the outset Sect. 3.1 describes research problem and Sect. 3.2 reviews research literary sources. While Sect. 3.3 introduces objectives of the monograph, Sect. 3.4 introduces its hypothesis. Section 3.5 focuses on research methods, Sect. 3.6 focuses on data gathering methods. Section 3.7 points out at possible problems. Section 3.8 contains the list of author’s preliminary work on the topic of the mutual recognition in criminal matters. At the end, Sect. 3.9 introduces structure of the monograph.
Libor Klimek
Chapter 4. Principles of Mutual Recognition Measures
Abstract
The chapter deals with principles of mutual recognition measures. It is divided into eight sections and includes concluding observations at the end. Section 4.1 is introduction of the chapter. Section 4.2 focuses on mutual recognition of judicial decisions as the primary principle of the mutual recognition measures. Section 4.3 focuses on mutual trust between Member States of the European Union as precondition of mutual recognition. Section 4.4 focuses on direct communication between national authorities of the Member States of the European Union. While Sect. 4.5 focuses on partial removal of the double criminality requirement, Sect. 4.6 focuses on removal of the rule of reciprocity. Section 4.7 focuses on the rule of speciality. Section 4.8 focuses on conforming interpretation of national laws on mutual recognition with European Union law.
Libor Klimek

Mutual Recognition Measures

Frontmatter
Chapter 5. European Arrest Warrant (Surrender Procedure)
Abstract
The chapter deals with the European arrest warrant and surrender procedure in the European Union. It is divided into six sections and includes concluding observations at the end. Section 5.1 is introduction of the chapter. Section 5.2 analyses its legal basis: the Framework Decision 2002/584/JHA on the European arrest warrant. While Sect. 5.3 analyses its definition, scope of application and key terms, Sect. 5.4 analyses procedural issues. Section 5.5 focuses on implementation of the mechanism and Sect. 5.6 focuses on its evaluation.
Libor Klimek
Chapter 6. Mutual Recognition of Custodial Sentences and Measures Involving Deprivation of Liberty
Abstract
The chapter deals with mutual recognition of custodial sentences and measures involving deprivation of liberty. It is divided into six sections and includes concluding observations at the end. Section 6.1 is introduction of the chapter. Section 6.2 analyses its legal basis—the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty. While Sect. 6.3 analyses its definition, scope of application and key terms, Sect. 6.4 analyses procedural issues. Section 6.5 focuses on implementation of the mechanism and Sect. 6.6 focuses on its evaluation.
Libor Klimek
Chapter 7. Mutual Recognition of Probation Measures and Alternative Sanctions
Abstract
The chapter deals with mutual recognition of probation measures and alternative sanctions. It is divided into six sections and includes concluding observations at the end. Section 7.1 is introduction of the chapter. Section 7.2 analyses its legal basis: the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions. While Sect. 7.3 analyses its definition, scope of application and key terms, Sect. 7.4 analyses procedural issues. Section 7.5 focuses on implementation of the mechanism and Sect. 7.6 focuses on its evaluation.
Libor Klimek
Chapter 8. Mutual Recognition of Financial Penalties
Abstract
The chapter deals with mutual recognition of financial penalties. It is divided into six sections and includes concluding observations at the end. Section 8.1 is introduction of the chapter. Section 8.2 analyses its legal basis—the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties. While Sect. 8.3 analyses its definition, scope of application and key terms, Sect. 8.4 analyses procedural issues. Section 8.5 focuses on implementation of the mechanism and Sect. 8.6 focuses on its evaluation.
Libor Klimek
Chapter 9. Mutual Recognition of Confiscation Orders
Abstract
The chapter deals with mutual recognition of confiscation orders. It is divided into five sections and includes concluding observations at the end. Section 9.1 is introduction of the chapter. Section 9.2 analyses its legal basis: the Framework Decision 2006/783/JHA on the mutual recognition of confiscation orders. While Sect. 9.3 analyses its definition, scope of application of key terms, Sect. 9.4 analyses procedural issues. Section 9.5 focuses on implementation of the mechanism.
Libor Klimek
Chapter 10. European Supervision Order in Pre-trial Procedures (Mutual Recognition of Supervision Measures as an Alternative to Provisional Detention)
Abstract
The chapter deals with the European supervision order in pre-trial procedures, i.e. mutual recognition of supervision measures as an alternative to provisional detention. It is divided into six sections and includes concluding observations at the end. Section 10.1 is introduction of the chapter. Section 10.2 analyses its legal basis—the Framework Decision 2009/829/JHA on the European supervision order. While Sect. 10.3 analyses its definition, scope of application and key terms, Sect. 10.4 analyses procedural issues. Section 10.5 focuses on implementation of the mechanism and Sect. 10.6 focuses on its evaluation.
Libor Klimek
Chapter 11. European Investigation Order (Free Movement of Evidence)
Abstract
The chapter deals with the European investigation order, i.e. “free movement of evidence”. It is divided into six sections and includes concluding observations at the end. Section 11.1 is introduction of the chapter. Section 11.2 analyses its legal basis—the Directive 2014/41/EU on the European investigation order. While Sect. 11.3 analyses its definition, scope of application and key term, Sect. 11.4 analyses procedural issues. Section 11.5 focuses on implementation of the mechanism.
Libor Klimek
Chapter 12. European Protection Order (Mutual Recognition of Protection Orders)
Abstract
The chapter deals with the European protection order (Mutual Recognition of Protection Orders). It is divided into six sections and includes concluding observations at the end. Section 12.1 is introduction of the chapter. Section 12.2 analyses its legal basis—the Directive 2011/99/EU on the European protection order. While Sect. 12.3 analyses its definition, scope of application and key term, Sect. 12.4 analyses procedural issues. Section 12.5 focuses on implementation of the mechanism and Sect. 12.6 focuses on its evaluation.
Libor Klimek

Special Issues

Frontmatter
Chapter 13. Mutual Recognition Offences
Abstract
The chapter deals with mutual recognition offences. It is divided into three sections and includes concluding observations at the end. Section 13.1 introduces the list of 32 mutual recognition offences. Section 13.2 analyses offences harmonised at the European Union level. In addition, Sect. 13.3 focuses on special issues, namely the support by the Court of Justice of the European Union by the case C-303/05—Advocaten voor de Wereld and criminal liability of legal persons in case of mutual recognition offences.
Libor Klimek
Chapter 14. Units Facilitating and Co-ordinating the Mutual Recognition
Abstract
The chapter deals with units facilitating and co-ordinating the mutual recognition. It is divided into four sections and includes concluding observations at the end. Section 14.1 focuses on Eurojust, i.e. the European Union’s Judicial Co-operation Unit. Further, Sect. 14.2 focuses on the European Judicial Network. Furthermore, Sect. 14.3 focuses on Europol, i.e. the European Police Office. In addition to that, Sect. 14.4 focuses on Interpol.
Libor Klimek
Chapter 15. Strengthening Procedural Rights in Criminal Proceedings as a Consequence of Mutual Recognition
Abstract
The chapter deals with strengthening procedural rights in criminal proceedings as a consequence of mutual recognition. It is divided into eight sections and includes concluding observations at the end. Section 15.1 focuses on acceptance of procedural rights at the European Union level. While Sect. 15.2 introduces the need for strengthening procedural rights, Sect. 15.3 analyses the Roadmap for strengthening procedural rights in criminal proceedings. Further, Sect. 15.4 focuses on the right to interpretation and translation, Sect. 15.5 focuses on the right to information, Sect. 15.6 focuses on the right of access to a lawyer and related rights, Sect. 15.7 focuses on presumption of innocence and the right to be present at trial and Sect. 15.8 focuses on procedural safeguards for children.
Libor Klimek

Final Evaluation

Frontmatter
Chapter 16. Implementation of Mutual Recognition Legislative Instruments
Abstract
The chapter deals with final implementation of individual mutual recognition legislative instruments. It is divided into nine sections. Section 16.1 is introduction of the chapter. Section 16.2 focuses on the Framework Decision 2002/584/JHA on the European arrest warrant, Sect. 16.3 focuses on the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty, Sect. 16.4 focuses on the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions, Sect. 16.5 focuses on the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties, Sect. 16.6 focuses on the Framework Decision 2006/783/JHA on the mutual recognition of confiscation orders, Sect. 16.7 focuses on the Framework Decision 2009/829/JHA on the European supervision order, Sect. 16.8 focuses on the Directive 2014/41/EU on the European investigation order and Sect. 16.9 focuses on the Directive 2011/99/EU on the European protection order.
Libor Klimek
Chapter 17. Evaluation of Mutual Recognition Measures
Abstract
The chapter deals with final evaluation of individual mutual recognition measures. It is divided into seven sections and includes concluding observations at the end. Section 17.1 is introduction of the chapter. Section 17.2 focuses on the European arrest warrant, Sect. 17.3 focuses on mutual recognition of custodial sentences or measures involving deprivation of liberty, Sect. 17.4 focuses on mutual recognition of probation measures and alternative sanctions, Sect. 17.5 focuses on mutual recognition of financial penalties, Sect. 17.6 focuses on the European supervision order in pre-trial procedures, i.e. mutual recognition of supervision measures as an alternative to provisional detention and Sect. 17.7 focuses on the European protection order, i.e. mutual recognition of protection orders.
Libor Klimek
Backmatter
Metadata
Title
Mutual Recognition of Judicial Decisions in European Criminal Law
Author
Libor Klimek
Copyright Year
2017
Electronic ISBN
978-3-319-44377-5
Print ISBN
978-3-319-44375-1
DOI
https://doi.org/10.1007/978-3-319-44377-5