The principle of mutual recognition in eu law oxford. The nature of mutual recognition in european law intersentia. This is usually found either in specific mutual recognition agreements mras or embedded in trade deals such as the eus agreement with canada. It assesses mutual recognition in the context of the aims of both areas, as well as the principles of european law and norms laid down in primarysecondary eu law. Pdf the execution of court decisions in civil cases. Using a dual focus on the historical development of ec financial services law and current trends in this highly evolving sector, this important book masterfully reveals and delimits the legal aspects of payments within the european union and analyses the different legislative approaches to harmonization in financial services. The principle of mutual recognition in eu law, by c. Toward mutual recognition relational perspectives book.
The p mutual recognition in the area of faculty of. I have chosen to talk about the principle of mutual recognition in the area of freedom, security and justice the afsj because that subject illustrates the fact that eu law is no longer confined to economic matters relating to the establishment and functioning of the internal market. Human rights and the area of freedom, security and justice. Her particular emphasis on hegal, recoeur and especially ferenczi is worth the reading and studying of the book in and off itself. The principle of mutual recognition in eu law christine. The idea is that one can pursue market integration. The idea is that one can pursue market integration, indeed deep market integration, while respecting diversity amongst the participating countries.
Essentially, it states that where a product is lawfully marketed in one member state, its marketing should be allowed in other member states. The principle of mutual recognition in eu law book, 20. The mutual recognition principle and eu criminal law. Mutual recognition agreements lay down the conditions under which one party nonmember country will accept conformity assessment results e. Mutual recognition in the field of goods budapest, 25 june 2015 j. In europe part of the rulemaking and the whole enforcement of financial services regulation still take place at national level. By focusing in particular on the operation of the framework decision on the european arrest warrant, the chapter examines the way in which fundamental rights concerns are dealt with by secondary eu law fundamental rights as grounds of refusal to recognise and execute. Regardless of its widespread use, it is often used in the vernacular, as if clear in itself. Hammond said that when the uk leaves the eu, its regulatory regime will be fully compliant with the eu regulatory regime. In case of incompatibility of national law with eu law. Mutual recognition regulation 7642008 was created as a response to these. The european arrest warrant eaw is an exclusively judicial cooperation instrument replacing the traditional extradition system, which was criticised for the slowness entailed by its political and administrative phases. The author shows that, despite the inherent sensitivity of the. Mutual recognition in europe description of mutual recognition the.
Why there is no principle of mutual recognition in eu. Mutual recognition in the eu has been recently extended to criminal law matters. Principle of mutual recognition in eu law oxford scholarship. Everyday low prices and free delivery on eligible orders. Mutual recognition of judicial decisions in european criminal law. The principle of mutual recognition in eu law christine janssens. Szczepanski, mutual recognition of goods, eu legislation in progress, eprs, 2018. The book critically analyses numerous themes from international cooperation in criminal matters to substantive criminal law and procedure, from human rights to nationality and refugee law, from public to private international law at the national, european and global levels. Mutual recognition in criminal matterscommon market law. Buy eu criminal law modern studies in european law 01 by valsamis mitsilegas isbn. Within the eu, the principle of mutual recognition is that once a product is lawfully placed on the market in one.
Such agreements contain a sectoral annex on the mutual recognition of good manufacturing practice gmp inspections and batch certification of human and veterinary medicines. Sketches of a theory of europe as an area of freedom, security and justice. This book examines the mutual recognition of judicial decisions in european criminal law as a cornerstone of judicial cooperation in criminal matters in the european union. Access will be automatic if your institution has been given access. Home state regulation is a principle in the law of the european union for resolving conflict of laws between member states when dealing with crossborder selling or marketing of goods and services. Cooperation with third countries and judicial networks. Uk white paper the problem with equivalence thomson. Email your librarian or administrator to recommend adding this book to your organisations collection. This chapter, a version of which will appear in cremona and scott eds, eu law beyond eu borders the extraterritorial reach of eu law, oup, considers the influence of european union law in the postcrisis regulation of financial institutions. The mutual recognition principle in criminal matters. Salazar dg for internal market, industry, entrepreneurship and smes b. Mutual recognition basic rule eu treaty both actual and possible denial of mutual recognition governed. The city has called for twoway market access based on a system of mutual recognition, in which britain and the eu accept the broad thrust of each others financial rules.
Mutual recognition of goods lawfully marketed in another member. Varieties of european economic law and regulation pp. This book, which is also this book, which is also available in hard copy, is a followup to the five editions of a similar book that have been. That is why the principle of mutual recognition in the afsj is subject to stricter conditions and limits. About the author examining the principle of mutual recognition in the eu legal order, this book takes a crosspolicy approach to focus on the principle in the internal market and in the criminal justice area.
For this reason, mutual recognition of national financial laws remains an element of central importance in the creation and regulation of a european market in this field. Free access to html textbooks is now available again and is being offered direct to higher education institutions. In the hague programme, adopted in 2004, the european council noted that in order for the principle of mutual recognition to become effective, mutual trust needed to be strengthened by progressively developing a european judicial culture based on the diversity of legal systems and unity through european law. The reference to mutual recognition as the cornerstone of judicial cooperation in criminal matters in the eu was reiterated 5 years later, in the hague programme extend. Boea201412029 preamble i more than a decade after the treaty of amsterdam foresaw the creation of an area of freedom, security and justice in the european. In light of the central presumption that mss should trust each other, 2 there is an objective to limit the restrictions of free movement between them and to create an area of. Reports on the activities and management of the european judicial network.
Union instruments in the field of criminal law and related texts. Toward mutual recognition, suggests that the healing nature of psychoanalysis has been immensely aided by religious narratives embedded within the covenantal understanding of the relationship between yhwh and the. Mutual recognition of goods internal market, industry. This compilation was prepared on 16 march 2010 taking into account amendments up to sli 2010 no. Jul 17, 2014 but there is no principle of mutual recognition in the law of the eus internal market. This book investigates those tensions by reexamining the nature of mutual recognition in european law from an individual rights perspective. A key question is the role played by mutual recognition in the process of reconciling free movement and other interests. In relation to the european union, harmonisation of law or simply harmonisation is the process of creating common standards across the internal market though each eu member state has the primary responsibility for the regulation of most matters within their. Mutual recognition is the principle of european union eu law under which member states must allow goods that are legally sold in another member state also to be sold in their own territory.
Mutual recognition was a tool invented many years ago by the european court of justice ecj which had to guarantee the free movement of goods where legislation had not been harmonised at eu level. Keller heckman mutual recognition and eu food operations. Having provoked constitutional concerns for abolishing the requirement of double criminality for a list of offences, after ten years it is still here accompanied by the neverending debate. Financial stability and the global influence of eu law by. Abstract mutual recognition is a remarkable innovation facilitating economic intercourse across borders. Examining the principle of mutual recognition in the eu legal order, this book takes a crosspolicy approach to focus on the principle in the.
The free movement of goods chapter 17 european union law. Christine janssens examining the principle of mutual recognition in the eu legal order, this book takes a crosspolicy approach to focus on the principle in the internal market and in the criminal justice area. The european union eu has signed mutual recognition agreements mras with thirdcountry authorities concerning the conformity assessment of regulated products. Establishing the supremacy of european law paperback. It assesses mutual recognition in the context of the aims of both areas, the principles of european law and norms laid down in primary and secondary eu law.
Mss of the eu in criminal matters based on the mutual recognition principle. The p mutual recognition in the area of faculty of law. The mutual recognition principle ensures market access for goods that are not, or are only partly subject to eu harmonisation legislation. Why there is no principle of mutual recognition in eu law. In the eus internal goods market it has been helpful in tackling or avoiding the remaining obstacles, namely, regulatory barriers between member states. Jun 21, 2016 despite extensive harmonisation efforts in the field of food law, the eus mutual recognition procedure still has a role to play for food operators, as katia mertenlentz, of international law firm keller and heckman, explains. This document has been prepared for the european commission. The book contains a comparative analysis of mutual recognition in the internal market and the area of freedom, security, and justice.
Why there is no principle of mutual recognition in eu law and. The book contains a comparative analysis of mutual recognition in the internal market and the area of freedom, security and justice. Establishing the supremacy of european law the making of an international rule of law in europe karen j. Mutual recognition of expulsion decisions mutual recognition of expulsion decisions in europe mutual recognition of expulsion decisions in eu immigration law this section examines mutual recognition of expulsion decisions in the legal framework of the european union immigration and asylum law. Download citation why there is no principle of mutual recognition in eu law. The introduction of a mutual recognition scheme for noncustodial pretrial supervision measures at european union level must, however, not be separated from the legal framework that governs pretrial detention in general. Free movement of services european encyclopedia of law. Addresses contemporary debates about the loss of sovereignty by member states to the european court. The first detailed and comprehensive analysis of the role of the principle of mutual recognition and the interrelationship between internal market law and criminal law. Through an indepth analysis of the relevant treaty provisions, eu legislation, eu case law, and eu policy documents, the book comes to the conclusion that a crosspolicy application of the principle of mutual recognition is both feasible and desirable. In case a company is innovative and creates novel aspects or techniques or. However, there are only two examples of such mutual recognition the eu and transtasman and they have been made possible by a uniquely deep form of economic integration. Examining the principle of mutual recognition in the eu legal order, this book takes a crosspolicy approach to focus on the principle in the internal market and in the criminal justice area.
It should be remembered that supervision measures in principle are alternatives to pretrial detention. One significant example i have been studying is the issue of mutual recognition not the recognition of conformity assessment to which we have previously referred, but the mutual recognition of standards. The term mutual trust has become a household term in the eu criminal justice vocabulary and is regarded to be a prerequisite for a successful application of the principle of mutual recognition. The principle of mutual recognition in eu law christine janssens oxford studies in european law. The principle of mutual recognition what is mutual recognition. There is a third option for the uk that would not threaten the integrity of the single market mutual recognition of conformity assessment. The principle states that, where an action or service is performed in one country but received in another, the applicable law is the law of the country where the action or service is performed.
Based on the principle of mutual recognition, the eaw has accelerated surrender procedures and reinforced the free movement of citizens within the eu. It guarantees that any good lawfully sold in one eu country can be sold in another. Notably, limitations on fundamental rights must, in accordance with article 521 of the charter of fundamental rights of the european union the charter, be provided for by law. Oct 08, 2018 where rules are not harmonised at eu level, eu member states must recognise each others regulations except where the specific and narrow derogations laid down in the treaties, legislation and court of justice case law apply. The ecj interprets the eu legislative acts shaping the principle of mutual recognition, and enforces their compliance with fundamental rights. Act 232014, of 20 november, on mutual recognition of judicial decisions in criminal matters in the european union the crown official gazette number 282, of 21 november 2014 reference. Mutual recognition, mutual trust and fundamental rights. Sep 05, 2015 mutual recognition law exam prep tony mesa real estate school inc. The chapter examines the relationship between mutual recognition, mutual trust and fundamental rights in european criminal law. By focusing in particular on the operation of the framework decision on the european arrest warrant, the chapter examines the way in which fundamental rights concerns are dealt with by secondary eu law fundamental rights as grounds of refusal to recognise. European ejustice portal mutual recognition of protection. For the exporter, this means that a product legally on sale in one eu country should not have to meet a second set of requirements in the country to which they are exporting.
Mar 25, 2016 the chapter examines the relationship between mutual recognition, mutual trust and fundamental rights in european criminal law. Above all, what is required is a mutual recognition culture so that the eu can better enjoy the fruits of its own regulatory ingenuity. Examining the principle of mutual recognition in the eu legal order, this book takes a crosspolicy approach to focus on the principle in the internal market and in. Eu law, namely framework decision 2005214jha, applies the principle of mutual recognition to financial penalties, enabling a judicial or administrative authority to transmit a financial penalty directly to an authority in another eu country and to have that penalty. This book examines the mutual recognition of judicial decisions in european criminal law as a cornerstone of judicial cooperation in criminal matters in the. Dec 09, 20 the eaw is the first eu criminal law instrument based on the principle of mutual recognition, the socalled cornerstone of european criminal law. The mutual legal assistance problem explained center for. This issue focuses on the european arrest warrant eaw, the most prominent mutual recognition tool. Mutual recognition, mutual trust and fundamental rights after. The center for internet and society at stanford law school is a leader in the study of the law and policy around the internet and other emerging technologies.
However, there are only two examples of such mutual recognition the eu and transtasman and they have been made possible by a uniquely deep form of economic integration and some common institutional framework with. Mutual recognition featured in a speech by philip hammond, the chancellor of the exchequer, on march 21, 2018. This is strongly articulated in the eu us debate on data protection. Introduction and purpose mutual recognition is one of the most appreciated innovations of the eu. There is only a principle of nonabsolute or conditional mutual recognition. Article 31 of the bpr sets out the procedure for the.
Mutual recognition agreements mra european medicines agency. The principle of mutual recognition mutual recognition is the principle of eu law under which member states must allow goods that are legally sold in another member state also to be sold in their. In this respect, the book also benefitted considerably from interviews janssens conducted with officials of the european commission. The principles of mutual recognition in the european integration.
The principle of mutual recognition in eu law christine janssens oxford university press. Evaluation of the application of the mutual recognition principle in. The eaw is the first eu criminal law instrument based on the principle of mutual recognition, the socalled cornerstone of european criminal law. Additionality in europe description of additionality the concise encyclopedia of the european union describes additionality in the following terms. The principle of mutual recognition has been developed by the ecj in its case law. Renewal of national authorisation and authorisations subject to mutual recognition principles behind the obligationprocess the biocidal products regulation eu no 5282012 bpr states that an authorisation of a biocidal product bp can be granted for a maximum period of 10 years81. Within eu law, this principle applies in the socalled nonharmonised sectors, where goods are not subject to common eu rules and may come. Mutual recognition law takes effect in key move for food. Put another way, eu law does not require member states to admit on to their market products or services that comply with the regulatory requirements of the state of origin. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. See s peers, mutual recognition and criminal law in the european union. But there is no principle of mutual recognition in the law of the eu s internal market. The project focused on mapping protection order legislation in 27 eu member states, assessing the level and practical impact of legislation in this area and on the functioning of the directive 201199 eu on european protection order and the regulation 60620 on mutual recognition of protection measures in civil matters.