mutual recognition principle [ Cassis de Dijon Case ]

mutual recognition | principle of mutual recognition of judgments and of decisions in extrajudicial cases | MR [Abbr.]

Council Framework Decision on the application of the principle of mutual recognition to confiscation orders | Framework Decision on the mutual recognition of confiscation orders

Cassis de Dijon principle | principle of mutual recognition | country of origin control

recognition of diplomas [ mutual recognition of diplomas | recognition of qualifications ]

EC-Israel Joint Committee (mutual recognition of principles of good laboratory practice)

Food Mutual Recognition Arrangement [ MRA | APEC Food Mutual Recognition Arrangement ]

Agreement for the Mutual Recognition of Certificates of Registry of Merchant Ships

Agreement on Mutual Recognition and Normalization of Relations

mutual recognition agreement | MRA

K. whereas, to be fully effective, the mutual recognition principle largely depends on the creation of a common European judicial culture based on mutual trust, common principles, cooperation and a certain level of harmonisation - for instance, in the definition of certain crimes and in the sanctions - and by a genuine protection of fundamental rights, notably with regard to procedural rights, minimum standards for conditions and review of detention, prisoners' rights and accessible mechanisms of redress for individuals,

K. whereas, to be fully effective, the mutual recognition principle largely depends on the creation of a common European judicial culture based on mutual trust, common principles, cooperation and a certain level of harmonisation - for instance, in the definition of certain crimes and in the sanctions - and by a genuine protection of fundamental rights, notably with regard to procedural rights, minimum standards for conditions and review of detention, prisoners' rights and accessible mechanisms of redress for individuals,

The implementation of this principle is hampered by several problems: (i) the lack of awareness of enterprises and national authorities about the existence of the mutual recognition principle; (ii) the legal uncertainty about the scope of the principle and the burden of proof, because it is often unclear to which categories of product mutual recognition applies; (iii) the risk for enterprises that their products will not get access to the market of the Member State of destination; (iv) the absence of regular dialogues between competent authorities in different Member States.

The Commission envisages the following action: the adoption and implementation of the Commissions legislative proposals to enhance the implementation of the principle of mutual recognition both in the pre-trial and in the post-trial phases-laying down EU wide rules on jurisdiction, procedural guarantees, presumption of innocence and on minimum standards for gathering of evidence and by concrete measures to improve judicial training and the efficiency of justice systems; a study to be presented in 2007 on the horizontal problems that are encountered in the negotiation and application of the mutual recognition principle and the gaps in the ...[+++] present system of cooperation in criminal matters that can be addressed by new instruments; in the medium term, consideration given to a gradual process of consolidation in single mutual recognition instruments of current mutual legal assistance mechanisms, in particular in relation to obtaining evidence in the criminal law area; and the establishment of a single area of justice in civil matters -essential for business as well as citizens-providing a new political impetus to the civil mutual recognition programme 2000;