ABSTRACT

Mutual recognition of judicial decisions has dominated the development of EU criminal law post-Tampere. A central aim of this principle is the quasi-automatic recognition and execution of judicial decisions in criminal matters from Member State A to other Member States of the EU, with minimal formalities and limited grounds for refusal. This signifies an attempt to transfer the principle of mutual recognition from the context of the internal market, where it has been tried and tested since the 1980s, to the sensitive area of criminal law and justice. The emphasis on mutual recognition, instead of full scale harmonisation of criminal law, has been a convenient choice for both Member States fearful for their loss of sovereignty in this important area, and for EU institutions, which would avoid legislative stagnation in the development of EU criminal law. 1