Mutual Recognition in Civil and Criminal Justice: Towards Order and Method
2016 (English)In: EU Civil Justice: Current Issues and Future Outlook / [ed] Burkhard Hess, Maria Bergström and Eva Storskrubb, Oxford: Hart Publishing Ltd, 2016Chapter in book (Other academic)
The argument that there are limits to the analogy of mutual recognition beyond the internal market is well founded. These spring in particular from a fundamental difference between the cross-border trade in goods and the cross-border movement of sovereign acts (eg judgments). Nevertheless, as pointed out by Storskrubb in the previous Chapter of this volume, the starting point must be that there is de facto an assumption underlying mutual recognition that judgments are legal and legitimate based on a shared standard of human rights and procedural safeguards. However, this assumption needs to be verified.
As the principle of mutual recognition has been transplanted and given a central role also within the Area of Freedom Security and Justice (AFSJ), EU criminal and civil law have been brought together. This volume, along with many other publications including a previous volume in this series on European Police and Criminal Law Co-operation, identifies some of the benefits and shortcomings inextricably linked with the principle of mutual recognition. The primary purpose of this Chapter is, however, not to add to the long list of such publications. Instead, while drawing on some of them as illustrative examples, the aim of this Chapter is rather to emphasise a methodological awareness. Thereby, it is argued that it might in fact be beneficial to transplant not only the principle of mutual recognition, but also the methodological considerations so inextricably linked with this cornerstone of judicial cooperation in civil and criminal matters.
Place, publisher, year, edition, pages
Oxford: Hart Publishing Ltd, 2016.
, Swedish Studies in European Law, 7
Mutual Recognition, EU Criminal Law, Criminal Justice, Civil Justice, EU Law
Law (excluding Law and Society)
Research subject European (Integration) Law
IdentifiersURN: urn:nbn:se:uu:diva-290428ISBN: 978-1-84946-682-0OAI: oai:DiVA.org:uu-290428DiVA: diva2:925156