European Criminal Justice - From Mutual Recognition to Coherence

AuthorDominik Brodowski
ProfessionDr. iur., is Junior Professor of Criminal Law and Criminal Procedure at Saarland University, Germany
Dominik Brodowski
1. Introduction: European Criminal Justice – Mission
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).
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