AbstractsLaw & Legal Studies

The Principle of Mutual Recognition. As extended from the Internal Market to the Sphere of Criminal Law

by Iðunn Guðjónsdóttir 1981

Institution: University of Iceland
Year: 2015
Keywords: Lögfræði; Refsiréttur; Evrópuréttur; Milliríkjasamningar
Record ID: 1222367
Full text PDF: http://hdl.handle.net/1946/20218


The main subject of this thesis is the principle of mutual recognition. This principle originally stems from the ruling of the European Court of Justice in the landmark case Cassis de Dijon in the context of free movement of goods and has been significant in the process of the internal market integration. In more recent times the principle of mutual recognition has been extended into the sphere of European criminal law, which is a relatively new field of law within the European Union. This was initially done with the adoption of the Framework Decision on the European arrest warrant and surrender procedures between the Member States. The purpose is therefore to examine how a well-established principle deriving from the internal market can successfully be applied in the fields of criminal matters. The principle of mutual recognition is examined in a historical context within the internal market and how it has been applied to the free movement on goods on the one hand and free movement of workers on the other hand. The focus will then turn to the Area of Freedom, Security and Justice, where cooperation in criminal matters will be considered followed by the analysis of the Framework Decision on the European arrest warrant. Finally, it will be examined how this Framework Decision has influenced Iceland in relation to matters regarding surrender.