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Quid Pro Quo?: A Comparative Law Perspective on the Mutual Recognition of Judicial Decisions in Criminal Matters

Quid Pro Quo?: A Comparative Law Perspective on the Mutual Recognition of Judicial Decisions in Criminal Matters

          
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About the Book

Within the framework of judicial cooperation between the 27 Member States of the European Union, mutual recognition is a leading principle: it basically requires that judgments and other judicial decisions handed down by a criminal judge in any Member State must be given legal force in any other Member State. In its pure form, the principle of mutual recognition is primarily characterized by: direct contact between judicial rather than political organs, the removal of grounds to refuse the acceptance and enforcement of foreign decisions, the abolishment of the principle of double criminality, the end of the exequatur procedure, and strict and fixed deadlines as well as standard forms to be used by the judicial authorities. The idea of mutual recognition in its pure form gives rise to several fundamental questions, mainly related to the absence of a clear definition of mutual recognition, as well as to its application in practice. This book provides a comparative law perspective on the mutual recognition of judicial decisions in criminal matters. With the aim of creating a clear definition of mutual recognition in the context of criminal law, an internal comparison is made with mutual recognition in other fields of EU competence: the internal market and the field of civil and commercial law. Furthermore, proceeding from the hypothesis that the experience contains lessons for the future of mutual recognition in the European Union, an external comparison is made with the federations of Switzerland and the United States. This book examines the approach of both federations towards accepting and enforcing judicial decisions in criminal affairs handed down in another jurisdiction.
About the Author: Jannemieke Ouwerkerk (1981) is an Associate Professor of Criminal Law at Tilburg Law School. She has a law degree from Utrecht University (LL.M. 2006). She obtained her PhD degree from Tilburg University in 2011 for her dissertation "Quid Pro Quo? A comparative law perspective on the mutual recognition of judicial decisions in criminal matters." Jannemieke's research focuses on EU criminal law, the cooperation in criminal affairs between EU Member States and the Europeanisation of national criminal law. Her current research concerns the harmonisation of substantive criminal law in the EU. She has been awarded in 2014 a grant under the VENI scheme of the Netherlands Organisation for Scientific Research for her three-year research project 'Symbol or substance? Towards a systematic application of criminalisation criteria in EU Law'. Jannemieke is a member of the Standing Committee of Experts on International Immigration, Refugee and Criminal law (Meijers Committee), and chair of the Foundation Mens en Strafrecht.


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Product Details
  • ISBN-13: 9789400001763
  • Publisher: Intersentia
  • Publisher Imprint: Intersentia
  • Depth: 25
  • Language: English
  • Returnable: Y
  • Spine Width: 23 mm
  • Weight: 521 gr
  • ISBN-10: 9400001762
  • Publisher Date: 27 Mar 2011
  • Binding: Paperback
  • Height: 236 mm
  • No of Pages: 318
  • Series Title: English
  • Sub Title: A Comparative Law Perspective on the Mutual Recognition of Judicial Decisions in Criminal Matters
  • Width: 160 mm


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