THE FREE MOVEMENT OF JUDGMENTS AND JUDICIAL DECISIONS
EU substantive law is based on a system of circulation freedoms which encompasses the idea that the Union, its internal market or other areas of legal rule, such as the area of freedom, security and justice are, above all, spaces of liberty, which rejects the limits represented before by internal...
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Format: | Article |
Language: | English |
Published: |
Nicolae Titulescu University Publishing House
2018-05-01
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Series: | Challenges of the Knowledge Society |
Subjects: | |
Online Access: | http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=3_public_law%2F&download=CKS_2018_public_law_009.pdf |
Summary: | EU substantive law is based on a system of circulation freedoms which encompasses the idea that the Union, its
internal market or other areas of legal rule, such as the area of freedom, security and justice are, above all, spaces of liberty,
which rejects the limits represented before by internal borders. So, the essential EU integrative concepts could be formulated
as free circulation principles or instruments aiming to such freedoms. The free movement of judgments and judicial decisions
represents concomitantly the consequence and the expression formulated through freedom of circulation, which is specific to
EU law, of the principle of mutual recognition of judgments and judicial decisions between member states in both civil and
criminal matters. This principle is based upon the mutual trust that member states owes to each other. Finally, the study
analyses the principle of mutual recognition in EU law as a transplant from the internal market in the judicial cooperation in
criminal matters, which produces numerous application instruments, among them the first and most productive is the European
Arrest Warrant.
This paper studies also the common standard and paradigm that all instruments based upon the free movement of
judgments and judicial decision have, amongst others: the warrant/order typology, direct communication between the
competent authorities of Member States, elimination of the recognition procedure, the express mentioning of the mandatory
and optional grounds of refusal, the partial removal of double criminality requirement etc.
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ISSN: | 2068-7796 2068-7796 |