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Mutual recognition versus harmonization - development and perspectives of the criminal law in the EU
Černecká, Zuzana ; Scheu, Harald Christian (advisor) ; Gřivna, Tomáš (referee) ; Fenyk, Jaroslav (referee)
Mutual recognition versus harmonization - development and perspectives of the criminal law in the EU Abstract The criminal law, which stood away from the attention of the mainstream European integration process for a long time, is at present considered one of the fastest growing spheres of the Union law. The thesis focuses in 8 chapters on the development and perspectives of the criminal law in the EU by analysing two main forms of the development of the member states' cooperation in this area, which are mutual recognition and harmonization. After an introductory part the second and third chapters at first pursue historical roots of the member states' cooperation in the area of the criminal law and the description and justification of the current legal framework of the EU criminal law, which has been set up by the entry into force of the Lisbon Treaty in 2009. The key notions this thesis focuses on are the principle of mutual recognition and harmonization, therefore a comprehensive chapter deals with each of these terms (chapter four with mutual recognition, chapter five with harmonization). The chapter about mutual recognition points out to its origin, grounds for the use of the principle of mutual recognition in the criminal area, centres at its basic characteristics and mutual trust as a central notion...
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