How Far Can We Go In Applying The Principle Of Mutual Recognition?

Abstract

This chapter assesses how far one can go in applying the mutual recognition principle, by studying the respect for fundamental rights in the context of the interrelationship between, on the one hand, mutual recognition and, on the other hand, harmonisation or approximation of criminal law. By analysing and discussing the connection between the current stance of the Council and the Commission towards the principle of mutual recognition and substantive criminal law, specific difficulties and questions arises. Similarly, the application of the theory of mutual recognition in European Union (EU) practice in the domain of procedural criminal law demonstrates interesting evolutions regarding, first, international procedural criminal law, and secondly, domestic procedural criminal law. In conclusion, concrete recommendations are put forward in order to further develop the principle of mutual recognition in criminal matters in a manner that is compatible with the respect for fundamental rights. Keywords: domestic procedural criminal law; European Union (EU); international procedural criminal law; mutual recognition; substantive criminal law