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OverviewFull Product DetailsAuthor: Wouter van BallegooijPublisher: Intersentia Ltd Imprint: Intersentia Ltd Volume: 138 Dimensions: Width: 17.20cm , Height: 1.20cm , Length: 23.60cm Weight: 0.695kg ISBN: 9781780683263ISBN 10: 178068326 Pages: 402 Publication Date: 09 July 2015 Audience: Professional and scholarly , Professional & Vocational Format: Paperback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsACKNOWLEDGMENTS PREFACE CHAPTER 1: INTRODUCTION 1. The Legal Context of Mutual Recognition in European Integration 2. Academic Debate on Mutual Recognition: a (Limited) Focus on the Obligations It Imposes on Member States 2.1. Mutual Recognition and the Internal Market 2.2. Mutual Recognition and the Area of Freedom, Security and Justice 2.3. Limits of the Current Academic Debate on Mutual Recognition 3. What is the Nature of Mutual Recognition from an Individual Rights Perspective? Questions and Research Methodology 3.1. Sources on which the Study will be Based 3.2. Working Definitions 3.3. Relationship with Aims 3.4. Relationship with (Other) General Principles 3.4.1. Principles that Derive from the Rule of Law 3.4.2. Systemic Principles 3.4.3. Other Types of General Principles 3.5. Relationship of Mutual Recognition with Treaty Norms and Secondary Legislation CHAPTER 2: INTERNAL MARKET 1. Introduction 2. Aims and Policies of the Union as an Internal Market 2.1. Relationship with Mutual Recognition 2.2. Conclusion 3. Mutual Recognition of Product Requirements 3.1. Case Law Regarding Mutual Recognition and the Rule of Reason 3.2. Impact of the Cassis de Dijon Decision on the Commission's Harmonisation and Enforcement Policy Regarding the Free Movement of Goods 3.2.1. Legislative Consequences 3.2.2. Interim Conclusion 3.3. Academic Criticism Regarding the Commission's Interpretation of Cassis 3.3.1. Conclusion 3.4. General Academic Appraisal of Mutual Recognition 3.5. Conclusion 4. Mutual Recognition of Professional Qualifications 4.1. Foundational Case Law on the Mutual Recognition of Professional Qualifications 4.1.1. Interim Conclusion 4.2. Application of Mutual Recognition in Secondary EU Legislation onProfessional Qualifications 4.2.1. Vertical Approach 4.2.2. 'New' or 'Horizontal Approach' 4.2.3. Professional Qualifications Directive 4.2.4. A Special Case: Lawyers 4.3. Interaction between EU Secondary Legislation and the (Further) Development of the Case Law of the Court of Justice 4.4. Conclusion 5. Mutual Recognition in the Internal Market: Conclusion CHAPTER 3: THE AREA OF FREEDOM, SECURITY AND JUSTICE 1. Introduction 2. Historical Development of Judicial Cooperation in Criminal Matters in the EU 2.1. The Road towards Mutual Recognition 2.2. The Tampere European Council: The Founding of Mutual Recognition as a Policy Principle 2.2.1. Recognition Procedure 2.2.2. Dual Criminality 2.2.3. Jurisdiction 2.2.4. Fundamental Rights and Procedural Safeguards 2.3. Programme of Measures to Implement the Mutual Recognition Principle 2.4. Implementation of the Mutual Recognition Principle 2.5. The EU Justice Agenda for 2020 2.6. Comment 3. Academic Debate 3.1. Mutual Recognition is not Appropriate in the Area of Criminal Law3.2. Mutual Recognition can only Apply in a Limited Manner 3.3. Mutual Recognition needs to be Balanced by Harmonisation 3.4. Mutual Recognition is Appropriate and should Apply Fully 3.5. Assessment 4. Aims of the Union as an Area of Freedom, Security and Justice 4.1. The Notion of a European Area 4.2. Justice 4.3. Freedom vs. Security? 4.4. Role of the European Citizen 4.5. Relationship with Mutual Recognition 5. European Arrest Warrant 5.1. Mutual Recognition as Applied to Extradition Procedures in the Framework Decision on the European Arrest Warrant 5.1.1. Recognition Procedure 5.1.2. Dual Criminality 5.1.3. Jurisdiction 5.1.4. Nationals, Residents and those Staying in the Executing Member State 5.1.5. Ne Bis in Idem and in Absentia Decisions 5.2. Relationship with Additional Harmonisation Measures 5.2.1. Impact of Measures Adopted on the Rights of Suspects andAccused Persons in Criminal Proceedings 5.2.1.1. Road Map for Strengthening Procedural Rights of Suspected orAccused Persons in Criminal Proceedings 5.2.1.2. Interpretation and Translation 5.2.1.3. Right to Information 5.2.1.4. Access to a Lawyer and the Right to Communicate upon Arrest 5.2.2. Impact of 'Flanking' Mutual Recognition Measures; Notably the European Investigation Order and the European Supervision Order 5.2.2.1. European Investigation Order 5.2.2.2. European Supervision Order5.3. Relationship with Principles of EU Law, Notably Fundamental Rights and Proportionality 5.3.1. Proportionality from an Individual Rights Perspective 5.3.2. Positions Council, Commission, European Parliament 5.3.2.1. Implementation in a Number of Member States, Interpretation by the Court of Justice5.3.2.2. Assessment 5.4. Conclusion 6. Ne Bis in Idem 6.1. Introduction 6.2. Court of Justice Case Law on Ne Bis in Idem6.2.1. 'Final Decision' 6.2.2. 'Same Acts' 6.2.3. 'Enforcement Condition' 6.3. Conclusion 7. Mutual Recognition in the Area of Freedom, Security and Justice CHAPTER 4: CONCLUSIONS REGARDING THE NATURE OF MUTUAL RECOGNITION IN EUROPEAN LAW 1. The Internal Market 2. The Area of Freedom, Security and Justice 3. The Nature of Mutual Recognition in European Law 3.1. The Role of the Principle of Mutual Recognition in Reconciling Free Movement and Individual Rights 3.2. The Importance of Distinguishing between Free Movement, Mutual Recognition and Home State Control 3.3. The Further Development of Mutual Recognition in the Criminal Justice Area ANNEX: NORMS STEMMING FROM THE APPLICATION OF MUTUAL RECOGNITION AND THEIR EFFECT IN THE FIELDS OF EUROPEANLAW COVERED BY THIS RESEARCH BIBLIOGRAPHY CASES VALORISATION ADDENDUM CURRICULUM VITAEReviewsAuthor InformationWouter van Ballegooij has been working in the European Parliament since 2007, on Justice and Home Affairs and internal market issues. At the same time he completed his PhD at the Faculty of Law of Maastricht University. Currently he is an Administrator for the European Parliamentary Research Service. Previously he was an Advisor on Civil Liberties, Justice and Home Affairs, an Administrator for Parliament's Internal Market and Consumer Protection Committee (IMCO) and a Parliamentary Assistant. Before entering the European Parliament he was a Researcher in European Law at the T.M.C. Asser Institute in The Hague. Tab Content 6Author Website:Countries AvailableAll regions |
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