Globalised Criminal Justice in the European Union Context: How Theory Meets Practice

AuthorJoanna Beata Banach-Gutierrez
Date01 March 2013
Published date01 March 2013
DOI10.1177/203228441300400110
Subject MatterArticle
154 Intersentia
GLOBALISED CRIMINAL JUSTICE IN
THEEUROPEAN UNION CONTEXT
How  eory Meets Practice
J B B-G*
ABSTRACT
is paper will explore a question about the operation of an increasingly globalised
criminal justice system in the European Union context.  e emergence of European
Union criminal law, characterised by its legal supremacy and universalism is a
relatively new research area in penal science.  is raises the need for some discussion
of governing rules and princ iples. European Union criminal justice should be based on
the principle of mutual recognition which is now formally recognised as a foundation
stone of judicial cooperation in criminal mat ters among the Members States. Such an
approach presupposes that each competent national authority should trust the
criminal justice systems of its peers.  is allows therefore for some legal pluralism.
However, the principle of mutual recognition does not have an absolute character, in
the sense of allowing for the adoption of rules and procedures in a pure legal form in
another Member State.
Keywords: harmonisation; mutual recognition; Polish law; transfer of sentenced
persons; transnational context
1. THE ESSENCE OF THE MUTUAL RECOGNITION
PRINCIPLE
e classical form of crim inal law legal assistance in the European context, in terms
of traditional inter-state co-operation in criminal matters, has been increasingly
replaced by the principle of mutual recognition of judgements and of orders.
* Postdoctoral Re search Fellow, Faculty of Law, Universit y of Bergen, Adjunct Professor, Faculty of
Law and Admin istration, Universit y of Warmia and Mazur y.

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