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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doaj-3c159a5ab1d040a0b302abf553fbe47b2020-11-24T20:43:35ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962018-05-0112-440453THE FREE MOVEMENT OF JUDGMENTS AND JUDICIAL DECISIONSGheorghe BOCSAN0PhD Candidate “Nicolae Titulescu” University, Bucharest (e-mail: gbocsan@gmail.com)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. http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=3_public_law%2F&download=CKS_2018_public_law_009.pdfEU substantive lawfree circulation of judgments and judicial decisionsarea of freedomsecurity and justicethe principle of mutual recognitionjudicial cooperation in criminal matter |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Gheorghe BOCSAN |
spellingShingle |
Gheorghe BOCSAN THE FREE MOVEMENT OF JUDGMENTS AND JUDICIAL DECISIONS Challenges of the Knowledge Society EU substantive law free circulation of judgments and judicial decisions area of freedom security and justice the principle of mutual recognition judicial cooperation in criminal matter |
author_facet |
Gheorghe BOCSAN |
author_sort |
Gheorghe BOCSAN |
title |
THE FREE MOVEMENT OF JUDGMENTS AND JUDICIAL DECISIONS |
title_short |
THE FREE MOVEMENT OF JUDGMENTS AND JUDICIAL DECISIONS |
title_full |
THE FREE MOVEMENT OF JUDGMENTS AND JUDICIAL DECISIONS |
title_fullStr |
THE FREE MOVEMENT OF JUDGMENTS AND JUDICIAL DECISIONS |
title_full_unstemmed |
THE FREE MOVEMENT OF JUDGMENTS AND JUDICIAL DECISIONS |
title_sort |
free movement of judgments and judicial decisions |
publisher |
Nicolae Titulescu University Publishing House |
series |
Challenges of the Knowledge Society |
issn |
2068-7796 2068-7796 |
publishDate |
2018-05-01 |
description |
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.
|
topic |
EU substantive law free circulation of judgments and judicial decisions area of freedom security and justice the principle of mutual recognition judicial cooperation in criminal matter |
url |
http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=3_public_law%2F&download=CKS_2018_public_law_009.pdf |
work_keys_str_mv |
AT gheorghebocsan thefreemovementofjudgmentsandjudicialdecisions AT gheorghebocsan freemovementofjudgmentsandjudicialdecisions |
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1716819447085268992 |