ADVANTAGES AND DISADVANTAGES OF THE PRINCIPLES OF HARMONIZATION AND OF MUTUAL RECOGNITION AS A BASIS FOR PROGRESS IN CREATING A EUROPEAN JUDICIAL AREA
ADVANTAGES AND DISADVANTAGES OF THE PRINCIPLES OF HARMONIZATION AND OF MUTUAL RECOGNITION AS A BASIS FOR PROGRESS IN CREATING A EUROPEAN JUDICIAL AREA

Summary/Abstract: The central question in achieving the creation of a true European judicial area in the future is how to generate substantial progress in the efficiency of cross-border prosecutions while at the same time ensuring the execution of the most important safeguards for the citizens, above all fundamental rights. This future development very much depends on the appropriate application of the two core principles in judicial cooperation among European member states approximation and mutual recognition. The argument advanced by this paper is that a true European judicial area, which will be effective both in fighting cross-border crime and in guarantees of individual fundamental rights, can be created only if mutual recognition principle is supported by significant approximation of both procedural and substantive national legislation. The paper first provides background on the key concepts it is based on and submits the justification for the limitation of the paper to judicial cooperation in criminal matters. The analysis proceeds through examining firstly the possible advantages and disadvantages of approximation and mutual recognition in case each of them was applied isolated. Next, the deficits in the current state of play in the application of the two principles are analyzed. Finally, the concluding part offers an insight into the desirable way forward in the application of these two principles, if substantial progress in the creation of a truly European judicial area is to be made.

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