Mutual recognition of judicial decisions in criminal matters and the role of the national judge*

Abstract

On 23–25 October 2006, ERA organised a conference on the principle of mutual recognition, and in particular on its legal implications for national judges. Based on the results of that conference, this article presents an overview of this form of cooperation in criminal matters from a legislative and a jurisprudential perspective. Firstly, it analyses the principle of mutual recognition in a broader context (internal market; judicial cooperation in civil matters) in order to better understand its contours. We also address the question whether this principle is as ‘revolutionary’ as many proclaim it to be. Secondly, (the progress of and obstacles to) the legislative programme of mutual recognition are discussed. Finally, after an excursus on a few key issues connected to the European Arrest Warrant, the article deals with the development of the above-mentioned principle and other aspects of criminal law in the case law of the European Court of Justice.