Abstract
Mutual recognition means that the judicial acts of one state will be recognised and enforced in another state subject to prescribed limitations. In the EU criminal sphere several Third Pillar instruments provide for the application of mutual recognition with very few limitations. This is revolutionary compared to the cumbersome procedures encountered in mutual legal assistance or extradition treaties. While reaching agreement on these EU instruments was facilitated by the prior approximation of some offences, to a very large degree approximation did not play a significant role. Despite the rapidity of these developments and the euphoria accompanying their adoption, they have raised significant constitutional challenges for Member States. We argue that the principle of mutual recognition should not be limited to judicial decisions but be extended in the future to cover criminal databases, provided that human rights guarantees are upheld.
| Original language | English |
|---|---|
| Journal | European Law Review |
| Publication status | Published - 2007 |
| Externally published | Yes |