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Mutual trust and mutual recognition - Coggle Diagram
Mutual trust and mutual recognition
Cooperation
Problems
international crimes
impunity
Tradition
sovereignty
territoriality
fragmentation
Levels
Goodwill cooperation
Treaties based on cooperation
Harmonization and common procedures
From soft coordination to the Third Pillar
TREVI group (1970s)
Maastricht Treaty (1992)
EDSP (defence and security)
JHA (justice and home affairs)
EC (community)
Amsterdam Treaty (1997):
:check: moving to the first pillar of visa, immigration and judicial cooperation
:check: sources are Framework Decisions.
:check: judicial remedies: limited role of the CJEU
Lisbon Treaty (2009)
:red_cross: third pillar
:check: communitarization
:check:general regime
:check: art 82, 83 TFEU - procedural and substantive criminal law
Legislation area
:red_cross: criminal law
:check: internal market
Techniques
Harmonization
- traditional. Can be minimum and maximum.
Mutual recognition
- "Golden Rule": recognize foreign decisions UNLESS prescribed by EU law.
Advantages
Rapidity
Conditions pre-determined
Solely judicial activity
Direct consultations
No additional formalities
Effects
Limiting harmonization
Overcoming territoriality
Mutual trust
- explain compliance with EU law. Basic for applying mutual recognition.
Comparation with MLA
Rapidity
No additional formalities
Direct get success