Link to the University of Pittsburgh
Link to the University Library SystemContact us link
AEI Banner

Managing diversity: The European Arrest Warrant and the potential of mutual recognition as a mode of governance in EU Justice and Home Affairs

Sievers, Julia. (2007) Managing diversity: The European Arrest Warrant and the potential of mutual recognition as a mode of governance in EU Justice and Home Affairs. In: UNSPECIFIED, Montreal, Canada. (Unpublished)

[img]
Preview
PDF
Download (283Kb) | Preview

    Abstract

    [From the introduction]. Mutual recognition is the central mode of governance in the Single Market which helped to overcome trade barriers caused by differences in national product regulation. Based on the positive experiences with mutual recognition in the Single Market, the EU heads of state decided to copy this mode of governance and make it the “cornerstone” of judicial cooperation in criminal matters. Being faced with a perceived rise in threats such as cross-border crime and terrorism, mutual recognition is expected to enhance the free movement of criminal investigation, prosecutions and sentences across EU borders. The European Arrest Warrant is the first application of this new mode of governance in EU Justice and Home Affairs. Yet, many more measures such as the European Evidence Warrant are to follow. However, can a mode of governance which worked well in the Single Market improve judicial cooperation? The goal of this paper is to analyze the potential of mutual recognition as a governance mode in EU Justice and Home Affairs, a policy area which belongs to the core functions of statehood and is traditionally characterized by cumbersome cooperation procedures and strong sovereignty concerns. As a horizontal mode of governance, mutual recognition is primarily concerned with governing via a network of national judges who mutually accept and enforce each others’ judicial decisions. The introduction of mutual recognition raised hopes among member states to eventually improve judicial cooperation since agreeing on centralized rules to address the existing cooperation problems did not prove politically feasible. My research question is under what conditions mutual recognition is able to improve judicial cooperation in criminal matters and solve governance problems. To answer this question I draw on empirical evidence on the implementation and application of the European Arrest Warrant which has been in operation for three and a half years now.

    Export/Citation:EndNote | BibTeX | Dublin Core | ASCII (Chicago style) | HTML Citation | OpenURL
    Social Networking:
    Item Type: Conference or Workshop Item (UNSPECIFIED)
    Uncontrolled Keywords: Mutual recognition.
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > political affairs > governance: EU & national level
    EU policies and themes > Policies & related activities > Third Pillar/JHA/PJC > criminal matters (organized crime, drug & sex trade)
    EU policies and themes > Policies & related activities > economic and financial affairs > Single Market > harmonisation/standards/mutual recognition
    EU policies and themes > Policies & related activities > Third Pillar/JHA/PJC > general
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Conference: European Union Studies Association (EUSA) > Biennial Conference > 2007 (10th), May 17-19, 2007
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 30 Jun 2008
    Page Range: p. 34
    Last Modified: 15 Feb 2011 17:51
    URI: http://aei.pitt.edu/id/eprint/8036

    Actions (login required)

    View Item

    Document Downloads