The Principle of Mutual Recognition in Cooperation in Criminal Matters

The principle of mutual recognition in cooperation in criminal matters thoroughly analyses on of the essential principles in EU criminal law. It deals with the European Arrest Warrant, the framework decision on freezing, the framework decision on financial penalties and the framework decision on confiscation and their implementation in the Nordic Member States.

Author(s):
Annika Suominen
Series:
Supranational Criminal Law: Capita Selecta
Volume:
11
book | published | 1st edition
October 2011 | xx + 416 pp.

Paperback
€79.-


ISBN 9781780680095


If you subscribe to the series, each new volume will automatically be sent to you. You can only cancel your subscription after having received two consecutive volumes.

Details

The principle of mutual recognition in cooperation in criminal matters thoroughly analyses one of the essential principles in EU criminal law. It deals with the European Arrest Warrant, the framework decision on freezing, the framework decision on financial penalties and the framework decision on confiscation and their implementation in the Nordic Member States.

The book not only contains a discussion of the grounds for refusal, but also a comparative analysis of the implementation in Finland, Sweden and Denmark. To this end, the author applies a new systematisation, which makes a more general analysis of the principle of mutual recognition possible. This includes introducing new groups of reasons for the grounds for refusal. The principle of mutual recognition is furthermore analysed in a theoretical setting, which includes general aspects, as well as an analysis of it as a legal principle.

This book has been written from a Nordic point of view: it discusses the Nordic Arrest Warrant and points out differences between Nordic and EU cooperation. It will provide the reader with new perspectives and new knowledge on the principle of mutual recognition, both in the EU and in the Nordic setting.


About the book
‘Annika Suominens book is both important and interesting. It contains not only thorough research as regards the actual implementation of (the central framework decisions built on) the principle mutual recognition - which is in itself most valuable; the devil is in the details! - but also interesting, insightful and thought provoking analyses of the nature and limits of mutual recognition as a basic principle of European Criminal Law. The book builds upon instruments taken under the old treaties but all the results are transferable to - and they become even more important under - the situation under the Lisbon Treaty.’
Professor Petter Asp, University of Stockholm


About the author
Since 2007 Annika Suominen has worked at the faculty of law of the University of Bergen, where she holds her PhD degree. She holds her LL.M. degree from the University of Helsinki (2006). Her research interests are EU criminal law, especially cooperation in criminal matters and institutional cooperation. She has written several articles and papers on this topic.

Chapters

Table of Contents (p. 0)

Part 1. Introduction

1. Introductory remarks (p. 1)

2. Mutual recognition in EU law (p. 19)

3. Mutual recognition instruments (p. 69)

Part 2. Grounds for refusal

4. Impossible recognition (p. 109)

5. The legal status of the person (p. 127)

6. Jurisdictional limitations (p. 159)

7. The requirement of double criminality (p. 171)

8. Human rights provisions (p. 197)

9. Ne bis in idem in a wide sense (p. 223)

10. Variable recognition (p. 255)

Part 3. General observations

11. The reasons for the different grounds for refusal (p. 279)

12. The choices of implementation (p. 293)

13. General aspects of mutual recognition (p. 313)

14. Mutual recognition as a legal principle (p. 333)

15. The future of mutual recognition (p. 361)

Bibliography (p. 367)

About the series:

Supranational Criminal Law: Capita Selecta

The time that criminal law was pre-eminently a national matter is gone. Criminal law and criminal procedure is no longer solely a product of decisions made by national legislative bodies, applied by national police, prosecutors and judges. A new criminal law is developing which goes beyond separate nations: supranational criminal law.

One example of this development is the relatively young body of law concerning war crimes, crimes against humanity and genocide. Particularly essential to this development has been the establishment of the ICTY, the ICTR and the ICC, and of many internationalised tribunals all over the world. A second example of the development towards the supranationalisation of criminal law can be seen on a more regional level. In Europe for instance, the area of criminal law has become a prioritised field of co-operation in the third pillar of the European Union. These supranational criminal systems are criminal systems sui generis.

That at least is the presupposition of this series on supranational criminal law. The Supranational Criminal Law: Capita Selecta series contributes to this discussion from a theoretical, dogmatic point of view, working towards new, consistent and fair penal systems, crossing the borders of the old law families and traditions.

The series is edited by Dr. Roelof H. Haveman (editor-in-chief - Rule of Law Advisor, embassy of the Netherlands in Mali), Dr. Paul J.A. De Hert (Free University of Brussels, Belgium and University of Tilburg, the Netherlands) and Dr. Alette Smeulers (University of Tilburg, the Netherlands).

With a subscription to the series you enjoy a 15% discount on each volume!

More about this series