European Criminal Justice - From Mutual Recognition to Coherence

• Author: Dominik Brodowski
• Profession: Dr. iur., is Junior Professor of Criminal Law and Criminal Procedure at Saarland University, Germany
• Pages: 225-238

225

17. EUROPEAN CRIMINAL

JUSTICE – FROM MUTUAL

RECOGNITION TO COHERENCE

Dominik Brodowski

1. Introduction: European Criminal Justice – Mission

Completed?

On the occasion of the 20-year anniversary of the groundbreaking

Tampere Programme, can we say that European Criminal Justice1

is, at least on a legislative level, a mission completed? Yes – and

no. Yes, as much has been achieved in the quest for more eective

criminal justice in the European Union, but also in the quest for a

more just criminal justice.2 To highlight just a few aspects: (1) An

extensive set of mutual recognition instruments is in operation,3

and in particular the European Arrest Warrant has matured to a

1 On European criminal policy since Mireille Delmas-Marty famous query “Quelle

politique pénale pour l’Europe?” (Delmas-Marty, 1993), just see Vogel (2002); Vogel

(2014), 644 .

2 On the acquis, just see the treatises on European Criminal Law, such as Klip (2016);

Satzger (2018); Ambos (2018); and Mitsilegas (2016).

3 Most relevant are the European Arrest Warrant (Council of European Union, 2002),

the mutual recognition of custodial sentences (Council of the European Union, 2008)

and of nancial penalties (Council of the European Union, 2005), the European In-

vestigation Order (European Parliament and Council of the European Union, 2014),

and the – not yet operational – Regulation (EU) 2018/1805 on the mutual recognition

of freezing orders and conscation orders (European Parliament and Council of the

European Union, 2018c).

Table of Contents