The Right to Liberty in European Union Law and Mutual Recognition in Criminal Matters

CAMBRIDGE YEARBOOK OF EUROPEAN LEGAL STUDIES, VOL 18, PP 215-238

Edinburgh School of Law Research Paper No. 2019/13

26 Pages Posted: 15 Apr 2019 Last revised: 23 Apr 2019

Date Written: March 19, 2019

Abstract

This article analyses the interaction between the application of mutual recognition in criminal matters and the right to liberty. The main argument is that the current content of the right to liberty in EU law is unsuitable for mutual recognition procedures. As for the structure of this article, firstly, the main features of mutual recognition as a method of inter-state cooperation in criminal matters are outlined. Secondly, the approach of the Union (especially the Court of Justice) to the right to liberty is clarified. Thirdly, four mutual recognition instruments are analysed in light of the right to liberty: namely, the Framework Decisions on the European Arrest Warrant, the Transfer of Prisoners, the Probation Measures and the European Supervision Order. The assessment confirms that the higher level of automaticity in judicial cooperation introduced by mutual recognition requires a rethink of the existing understanding of the right to liberty in EU law.

Keywords: Right to liberty, mutual recognition, criminal law, transfer of persons

Suggested Citation

Mancano, Leandro, The Right to Liberty in European Union Law and Mutual Recognition in Criminal Matters (March 19, 2019). CAMBRIDGE YEARBOOK OF EUROPEAN LEGAL STUDIES, VOL 18, PP 215-238; Edinburgh School of Law Research Paper No. 2019/13. Available at SSRN: https://ssrn.com/abstract=3355698

Leandro Mancano (Contact Author)

Edinburgh Law School ( email )

Edinburgh
United Kingdom

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
5
Abstract Views
76
PlumX Metrics