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The Principle of Mutual Recognition in EU Law (Hardcover)
Loot Price: R4,165
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The Principle of Mutual Recognition in EU Law (Hardcover)
Series: Oxford Studies in European Law
Expected to ship within 12 - 17 working days
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Examining the principle of mutual recognition in the EU legal
order, this book takes a cross-policy approach to focus on the
principle in the internal market and in the criminal justice area.
It asks whether the principle of mutual recognition, as developed
in relation to the free movement provisions (internal market), can
equally be applied in judicial cooperation in criminal matters (the
area of freedom, security, and justice), and if such a cross-policy
application is desirable. Divided into three parts, the book first
looks at the way this principle functions in the internal market.
Part II examines how the principle works in judicial cooperation in
criminal matters, with the final part answering the book's central
questions. In each part, further related questions are asked: What
is the object of the principle of mutual recognition? Who are the
main actors involved? How does the mechanism of mutual recognition
operate (with an emphasis on the existing limits to mutual
recognition)? How does mutual recognition relate to harmonization
and to mutual trust? What is the relevance of equivalence
requirements and the distribution of competence between the home
(issuing) State and the host (executing) State? What are the main
characteristics of the principle of mutual recognition? And is it a
workable principle? Through an in-depth analysis of the relevant
Treaty provisions, EU legislation, EU case law, and EU policy
documents, the book comes to the conclusion that a cross-policy
application of the principle of mutual recognition is both feasible
and desirable.
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