Volume 24, Issue 86 (summer 2019 2019)                   __Judicial Law Views __2012__, 24(__59__): __224209 | Back to browse issues page

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Salehi J. Perspective of Mutual Recognition;Challenges and Mechanisms for Implementing it in the Area of European :::::::::union::::::::: Criminal Law. دیدگاه‌های حقوقی. 2019; 24 (86) :186-209
URL: http://jlviews.ujsas.ac.ir/article-1-1463-en.html
Payam-e-Noor University , javadsalehi@pnu.ac.ir
Abstract:   (1683 Views)
Abstract: Creation of new criminal law in the European ::::::::union:::::::: has led to an approximation of the criminal law of member states to each other. Compliance with this obligation for EU member states is due to the provisions of the Treaty of Lisbon. Main approach of the Treaty of Lisbon is to resort to the option of harmonizing the criminal laws of the member states, which is a new chapter in the history of European criminal law. However, the harmonization of the laws of new criminality is contrary to the general expectations on the national level and conflicts with the teachings of the fundamental rights of member states. The obligation of member states to reciprocally recognize the principle and the principle of harmonization of laws is an alternative to avoiding these consequences. But the principle of mutual recognition also has challenges that rely heavily on mutual trust in the legal and judicial system of each other. The study of the concept and function of the principle of mutual recognition and challenges in the area of European ::::::::union:::::::: criminal law is the subject of this paper. The findings of this research show that the principle of mutual recognition over time has led to the harmonization of criminal laws and the forging of new mechanisms for the realization of mutual legal cooperation between governments.
 
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Type of Study: Research | Subject: Criminal Law
Received: 2018/11/12 | Revised: 2019/09/24 | Accepted: 2019/05/20 | Published: 2019/09/15 | ePublished: 2019/09/15

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