Trust in the Law? : Mutual Recognition as a Justification to Domestic Criminal Procedure
(2020) In European Constitutional Law Review 16(1). p.33-62- 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... (More)
- 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. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/57f0fdb9-6779-46f1-8dd0-8bf07c74e210
- author
- Öberg, Jacob LU
- organization
- publishing date
- 2020-05-05
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- EU Law, Mutual Trust, Mutual Recognition, EU-rätt
- in
- European Constitutional Law Review
- volume
- 16
- issue
- 1
- pages
- 30 pages
- publisher
- Cambridge University Press
- external identifiers
-
- scopus:85082559203
- ISSN
- 1744-5515
- DOI
- 10.1017/S1574019620000036
- language
- English
- LU publication?
- yes
- id
- 57f0fdb9-6779-46f1-8dd0-8bf07c74e210
- date added to LUP
- 2020-02-02 22:55:36
- date last changed
- 2022-04-18 20:10:32
@article{57f0fdb9-6779-46f1-8dd0-8bf07c74e210,
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.}},
author = {{Öberg, Jacob}},
issn = {{1744-5515}},
keywords = {{EU Law; Mutual Trust; Mutual Recognition; EU-rätt}},
language = {{eng}},
month = {{05}},
number = {{1}},
pages = {{33--62}},
publisher = {{Cambridge University Press}},
series = {{European Constitutional Law Review}},
title = {{Trust in the Law? : Mutual Recognition as a Justification to Domestic Criminal Procedure}},
url = {{https://lup.lub.lu.se/search/files/77248297/trust_in_the_law_mutual_recognition_as_a_justification_to_domestic_criminal_procedure.pdf}},
doi = {{10.1017/S1574019620000036}},
volume = {{16}},
year = {{2020}},
}