Mutual Recognition of Judicial Decisions in European Criminal Law
This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects,
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Mutual Recognition of Judicial Decisions in European Criminal Law
Mutual Recognition of Judicial Decisions in European Criminal Law
Libor Klimek
Mutual Recognition of Judicial Decisions in European Criminal Law
Libor Klimek Faculty of Law Pan-European University Bratislava, Slovak Republic ˇ ente´sˇ, PhD. Reviewers Prof. JUDr. Jozef C Prof. JUDr. Jaroslav Fenyk, Ph.D., DSc., Univ. Priv. Prof. Prof. Dr. Andre´ Klip Prof. JUDr. Jozef Za´hora, PhD.
ISBN 978-3-319-44375-1 ISBN 978-3-319-44377-5 DOI 10.1007/978-3-319-44377-5
(eBook)
Library of Congress Control Number: 2016951853 © Springer International Publishing Switzerland 2017 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
The only thing I regret about this book is that I will never read it again starting from the first page to the last after it is published. Dedicated to the groundbreakers in law.
Preface
Mutual recognition of judicial decisions in European criminal law is ambitious idea—or more precisely—very ambitious idea. It permits decisions to move freely from one State to another. It fights against the ‘foreignity argument’, i.e. it avoids a judicial decision to be rejected in another State simply because of its alien origin. It is a key element for the development of judicial co-operation in criminal matters in the European Union. Its implementation is one of the main areas of European Union activity regarding criminal justice. Mutual recognition of judicial decisions originally started in 1960s and 1970s by the Council of Europe conventions desirous of developing international (European) co-operation in the field of criminal law. However, attempts to introduce mutual recognition in the area of criminal law have never been successful at European level. “New evolution” of the mutual rec
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