Burchard, Christoph: Die Konstitutionalisierung der gegenseitigen Anerkennung
Die strafjustizielle Zusammenarbeit in Europa im Lichte des Unionsverfassungsrechts
The increasing level of judicial cooperation in criminal matters in the field of freedom, security and justice of the EU is based on the principle of mutual recognition. Christoph Burchard examines the scope and limits of this principle from a strictly union-constitutional perspective. He points out that the mutual recognition constituted in Article 82 No.1 TFEU has the effect of merely substantiating competence and thus needs to be more firmly established by way of secondary legislation. Just as unconditional trust between Member States of the Union, unrestricted mutual recognition must not be elevated to the rank of a constitutional legal principle of the EU. Therefore, the fundamental rights of the Union as well as the federal principle (including the protection of the identity of the Member States), serve as recognition barriers for the secondary legislator as well as the secondary law users.
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