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Publishers Abstract:
Application of the principle of mutual recognition has been the motor of European integration in criminal matters in the recent past. The adoption in 2002 of the European Arrest Warrant constituted a spectacular development for European Union criminal law, and was followed by a series of further mutual recognition measures. This paper will explore challenges, by focusing on the application of mutual recognition in criminal matters and the specific measures adopted, its implementation and interpretation by national constitutional courts, and the accompanying measures put forward at EU level to address constitutional concerns. With mutual recognition, Member States in the Council agree on procedure and not on the substance of EU criminal law. It remains to be seen whether constitutionalising mutual recognition at the EU level would have any effect on the way the principle operates in practice, especially when interpreted by the ECJ in the light of the Charter of Fundamental Rights. Until then, an open, democratic debate on the future direction of EU criminal law, focusing on common principles and understanding across the EU is essential.
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