Abstract
This contribution discusses the importance of trust for cooperation in criminal justice in the European Union. As a result of Schengen and the open borders within Europe, the freedom of movement comes sometimes in conflict with the fight against crime and terrorism. Political considerations often favour mutual recognition and criminal-justice cooperation over legislative harmonisation of national laws and regulations. Increasing trust between the EU member states in criminal law is difficult because criminal justice systems have remained nationally anchored. Herlin-Karnell recommends that the EU give greater weight to the proportionality principle in criminal justice cases. The EU Charter of Fundamental Rights and the European Convention on Human Rights represent the minimum requirements for EU legislation and greater attention to those documents increase trust in the system.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
The second (also intergovernmental) pillar in the pre-Lisbon EU system was the Common Foreign and Security Policy (CFSP) and the first (supranational) pillar was the Internal Market.
References
Craig, P. (2012). EU administrative law. Oxford: Oxford University Press.
Directive 2004:38 OJ, L158/77. On the right of citizens of the Union and their family members.
European Commission. (2014a). The EU Justice Agenda for 2020—Strengthening trust, mobility and growth within the Union. COM(2014) 144 final, Strasbourg, 11 March 2014.
European Commission. (2014b). A new EU framework to strengthen the rule of law. COM(2014) 158 final, Brussels, 19 March 2014.
European Commission. (2015a). The European Agenda on Security. COM(2015) 185 final, Brussels, 28 April 2015.
European Commission. (2015b). A European Agenda on Migration. COM(2015) 240 final, Brussels, 13 May 2015.
Fletcher, M., & Herlin-Karnell, E. (2016). Is there a transatlantic security strategy? Area of freedom, security and justice law and its global dimension. In M. Fletcher, E. Herlin-Karnell, & C. Matera (Eds.), The European Union as an area of freedom, security and justice. London: Routledge.
Herlin-Karnell, E. (2012). The constitutional dimension of European criminal law. Oxford: Hart Publishing.
Herlin-Karnell, E. (2013). From mutual trust to the full effectiveness of EU law: 10 years of the European arrest warrant. European Law Review, 38(1), 79–91.
Jansson, C. (2013). Mutual recognition. Oxford: Oxford University Press.
Klatt, M., & Meister, M. (2012). The constitutional structure of proportionality. Oxford: Oxford University Press.
Mitsilegas, M. (2009). EU criminal law. Oxford: Hart Publishing.
Nicolaïdis, K. (2007). Trusting the poles? Constructing Europe through mutual recognition. Journal of European Public Policy, 14(5), 682–698.
Official Journal of the European Communities. (2002). Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA).
Peers, S. (2015). EU justice and home affairs: Vol. 1 & 2. Oxford: Oxford University Press.
Weatherill, S. (2016). Law and values in the European Union. Oxford: Oxford University Press.
Author information
Authors and Affiliations
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2019 The Author(s)
About this chapter
Cite this chapter
Herlin-Karnell, E. (2019). The Question of Trust in EU Criminal Law Cooperation: A Constitutional Perspective. In: Bakardjieva Engelbrekt, A., Bremberg, N., Michalski, A., Oxelheim, L. (eds) Trust in the European Union in Challenging Times. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-73857-4_7
Download citation
DOI: https://doi.org/10.1007/978-3-319-73857-4_7
Published:
Publisher Name: Palgrave Macmillan, Cham
Print ISBN: 978-3-319-73856-7
Online ISBN: 978-3-319-73857-4
eBook Packages: Political Science and International StudiesPolitical Science and International Studies (R0)