The European Model of Judicial Cooperation in Criminal Matters: Towards Effectiveness based on Earned Trust
The EU model of international judicial cooperation in criminal matters, based on a high level of presumed mutual trust among Member States and on the principle of mutual recognition resulting therefrom, purports to go beyond traditional models of cooperation by enabling simplicity and speed on a ‘no...
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| Format: | Article |
| Language: | English |
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Instituto Brasileiro de Direito Processual Penal
2019-06-01
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| Series: | Revista Brasileira de Direito Processual Penal |
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| Online Access: | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/248 |
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| author | Valsamis Mitsilegas |
| author_facet | Valsamis Mitsilegas |
| author_sort | Valsamis Mitsilegas |
| collection | DOAJ |
| description | The EU model of international judicial cooperation in criminal matters, based on a high level of presumed mutual trust among Member States and on the principle of mutual recognition resulting therefrom, purports to go beyond traditional models of cooperation by enabling simplicity and speed on a ‘no questions asked’ approach. The European Arrest Warrant is emblematic in this respect. Nonetheless, the operation of this tool has not been a straightforward or uncomplicated task, in particular from the point of view of the interplay between mutual recognition and fundamental rights. This article analyses the evolution of such interaction, and how fundamental rights can act as either limits or drivers of mutual recognition. It aims to show how individual rights and guarantees have limited automatic recognition and sheer effectiveness, and, conversely, how the harmonisation of defence rights at the EU level can provide a basis for enhancing mutual trust and thus facilitating mutual recognition in criminal matters. In conclusion, it will be submitted that EU law can achieve effective judicial cooperation in criminal matters by moving from ‘blind’ to earned trust in Europe’s area of criminal justice. |
| format | Article |
| id | doaj-art-e564ca8a398a4893b140bc5e5b771714 |
| institution | Kabale University |
| issn | 2525-510X |
| language | English |
| publishDate | 2019-06-01 |
| publisher | Instituto Brasileiro de Direito Processual Penal |
| record_format | Article |
| series | Revista Brasileira de Direito Processual Penal |
| spelling | doaj-art-e564ca8a398a4893b140bc5e5b7717142025-08-20T03:57:59ZengInstituto Brasileiro de Direito Processual PenalRevista Brasileira de Direito Processual Penal2525-510X2019-06-015256559510.22197/rbdpp.v5i2.248138The European Model of Judicial Cooperation in Criminal Matters: Towards Effectiveness based on Earned TrustValsamis Mitsilegas0Queen Mary University of London – InglaterraThe EU model of international judicial cooperation in criminal matters, based on a high level of presumed mutual trust among Member States and on the principle of mutual recognition resulting therefrom, purports to go beyond traditional models of cooperation by enabling simplicity and speed on a ‘no questions asked’ approach. The European Arrest Warrant is emblematic in this respect. Nonetheless, the operation of this tool has not been a straightforward or uncomplicated task, in particular from the point of view of the interplay between mutual recognition and fundamental rights. This article analyses the evolution of such interaction, and how fundamental rights can act as either limits or drivers of mutual recognition. It aims to show how individual rights and guarantees have limited automatic recognition and sheer effectiveness, and, conversely, how the harmonisation of defence rights at the EU level can provide a basis for enhancing mutual trust and thus facilitating mutual recognition in criminal matters. In conclusion, it will be submitted that EU law can achieve effective judicial cooperation in criminal matters by moving from ‘blind’ to earned trust in Europe’s area of criminal justice.http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/248reconhecimento mútuomandado de detenção europeudireito penal europeudireitos fundamentaisharmonizaçãocooperação judiciáriaconfiança mútua. |
| spellingShingle | Valsamis Mitsilegas The European Model of Judicial Cooperation in Criminal Matters: Towards Effectiveness based on Earned Trust Revista Brasileira de Direito Processual Penal reconhecimento mútuo mandado de detenção europeu direito penal europeu direitos fundamentais harmonização cooperação judiciária confiança mútua. |
| title | The European Model of Judicial Cooperation in Criminal Matters: Towards Effectiveness based on Earned Trust |
| title_full | The European Model of Judicial Cooperation in Criminal Matters: Towards Effectiveness based on Earned Trust |
| title_fullStr | The European Model of Judicial Cooperation in Criminal Matters: Towards Effectiveness based on Earned Trust |
| title_full_unstemmed | The European Model of Judicial Cooperation in Criminal Matters: Towards Effectiveness based on Earned Trust |
| title_short | The European Model of Judicial Cooperation in Criminal Matters: Towards Effectiveness based on Earned Trust |
| title_sort | european model of judicial cooperation in criminal matters towards effectiveness based on earned trust |
| topic | reconhecimento mútuo mandado de detenção europeu direito penal europeu direitos fundamentais harmonização cooperação judiciária confiança mútua. |
| url | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/248 |
| work_keys_str_mv | AT valsamismitsilegas theeuropeanmodelofjudicialcooperationincriminalmatterstowardseffectivenessbasedonearnedtrust AT valsamismitsilegas europeanmodelofjudicialcooperationincriminalmatterstowardseffectivenessbasedonearnedtrust |