Mutual recognition of judicial decisions in European criminal law is ambitious
idea—or more precisely—very ambitious idea. It permits decisions to move freely
from one State to another. It fights against the ‘foreignity argument’, i.e. it avoids a
judicial decision to be rejected in another State simply because of its alien origin. It
is a key element for the development of judicial co-operation in criminal matters in
the European Union. Its implementation is one of the main areas of European Union
activity regarding criminal justice.
Mutual recognition of judicial decisions originally started in 1960s and 1970s by
the Council of Europe conventions desirous of developing international (European)
co-operation in the field of criminal law. However, attempts to introduce mutual
recognition in the area of criminal law have never been successful at European
level. “New evolution” of the mutual recognition in criminal matters can be
observed in the area of European Union criminal law.
At the beginning of the Lisbon era the role of the mutual recognition in criminal
matters has been highlighted. Criminal law is a relatively novel area of European
Union action for which the Treaty of Lisbon sets a clear legal framework, which
should focus primarily on mutual recognition (and the harmonisation of offences
and sanctions for selected offences).
Over the past years, we saw the introduction of mutual recognition legislative
instruments (for example, the Framework Decision 2002/584/JHA on the European
arrest warrant, the Framework Decision 2005/214/JHA on the mutual recognition
of financial penalties, the Directive 2014/41/EU on the European investigation
order), which focused on implementation of concrete mutual recognition measures
(for example, the European arrest warrant, mutual recognition of financial penalties,
the European investigation order).