Perspective of Mutual Recognition; Challenges and Mechanisms for Implementing it in the Area of European union Criminal Law

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SALEHI JAVAD

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Journal Paper

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Journal: Journal of Judicial Law Views Year:2019 | Volume:24 | Issue:86 Page(s): 187-210

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Title

Perspective of Mutual Recognition; Challenges and Mechanisms for Implementing it in the Area of European union Criminal Law

Author(s)

SALEHI JAVAD | Issue Writer Certificate

Keywords

The Principle of Mutual RecognitionQ1

European union ’Criminal LawQ1

The Principle of Harmonization of LawsQ1

The Principle of Unification of LawsQ1

Treaty of LisbonQ1

Abstract

Abstract: Creation of new criminal law in the European union has led to an approximation of the criminal law of member states to each other. Compliance with this obligation for EU member states is due to the provisions of the Treaty of Lisbon. Main approach of the Treaty of Lisbon is to resort to the option of harmonizing the criminal laws of the member states, which is a new chapter in the history of European criminal law. However, the harmonization of the laws of new criminality is contrary to the general expectations on the national level and conflicts with the teachings of the fundamental rights of member states. The obligation of member states to reciprocally recognize the principle and The Principle of Harmonization of Laws is an alternative to avoiding these consequences. But The Principle of Mutual Recognition also has challenges that rely heavily on mutual trust in the legal and judicial system of each other. The study of the concept and function of The Principle of Mutual Recognition and challenges in the area of European union criminal law is the subject of this paper. The findings of this research show that The Principle of Mutual Recognition over time has led to the harmonization of criminal laws and the forging of new mechanisms for the realization of mutual legal cooperation between governments.

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APA: Copy

SALEHI, JAVAD. (2019). Perspective of Mutual Recognition; Challenges and Mechanisms for Implementing it in the Area of European union Criminal Law. JOURNAL OF JUDICIAL LAW VIEWS, 24(86 ), 187-210. SID. https://sid.ir/paper/217780/en

Vancouver: Copy

SALEHI JAVAD. Perspective of Mutual Recognition; Challenges and Mechanisms for Implementing it in the Area of European union Criminal Law. JOURNAL OF JUDICIAL LAW VIEWS[Internet]. 2019;24(86 ):187-210. Available from: https://sid.ir/paper/217780/en

IEEE: Copy

JAVAD SALEHI, “Perspective of Mutual Recognition; Challenges and Mechanisms for Implementing it in the Area of European union Criminal Law,” JOURNAL OF JUDICIAL LAW VIEWS, vol. 24, no. 86 , pp. 187–210, 2019, [Online]. Available: https://sid.ir/paper/217780/en

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