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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 des matières
Part I: Introduction to Mutual Recognition in Criminal Matters: Definition of Mutual Recognition in Criminal Matters.- Genesis.- Methodology.- Principles of Mutual Recognition Measures.- Part II: Mutual Recognition Measures: European Arrest Warrant (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.- European Supervision Order in Pre-trial Procedures (Mutual Recognition of Supervision Measures As an Alternative to Provisional Detention).- European Investigation Order (Free Movement of Evidence).- European Protection Order (Mutual Recognition of Protection Orders).- Part III: Special Issues: Mutual Recognition Offences.- Units Facilitating and Co-ordinating the Mutual Recognition.- Strengthening Procedural Rights in Criminal Proceedings As a Consequence of Mutual Recognition.- Part IV: Final Evaluation: Implementation of Mutual Recognition Legislative Instruments.- Evaluation of Mutual Recognition Measures.
Résumé
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.
