Mutual recognition
The TFEU provides for a judicial interaction technique specifically designed for application within the Area of Freedom, Security, and Justice The principle of mutual recognition of foreign judicial and quasi-judicial acts is required in the fields of asylum, civil, and criminal cooperation. In short, mutual recognition requires courts to treat foreign judgments and other decisions (almost) as they were domestic decisions, thus recognizing the legitimacy of other legal orders and demonstrating trust towards the judicial systems of other Member States.
JUDCOOP CASE
Portugal, Supreme Court of Justice, 48/12.2YREVR.S1, 5 June 2012
Conflict:
Conflict of interpretation
Judicial interaction techniques:
Interpretative techniques - Consistent interpretation - Interaction between courts - Mutual recognition
Judicial interaction type:
Vertical interaction - Internal
Categories: Portugal - National Courts - Supreme Court - Art. 11 - Freedom of expression and information - Art. 50 - Right not to be tried or punished twice in criminal proceedings for the same criminal offence
JUDCOOP CASE
ECtHR, Avotins v. Latvia, judgment of 23 May 2016
Conflict:
Conflict of interpretation
Judicial interaction techniques:
Interpretative techniques - Consistent interpretation - Comparative reasoning - Interaction between courts - Mutual recognition
Judicial interaction type:
Horizontal interaction - External
Categories: European Court of Human Rights - Effective judicial protection - Art. 47 - Right to an effective remedy and to a fair trial - Art. 6 - Right to a fair trial
JUDCOOP CASE
Estonia, Supreme Court, Case no. 3-3-1-11-16, Judgement of 22 March 2016
Conflict:
Conflict of interpretation
Judicial interaction techniques:
Interpretative techniques - Consistent interpretation - Mutual recognition - Mutual adaptation of jurisprudence
Judicial interaction type:
Horizontal interaction - National level - Vertical interaction - External
Categories: Supreme Court - Migration and asylum - Art. 13 - Right to an effective remedy
JUDCOOP CASE
United Kingdom, The Supreme Court, R (on the application of EM, EH, AE and MA v Secretary of State for the Home Department), Judgement of 19 February 2014
Conflict:
Conflict of interpretation
Judicial interaction techniques:
Interpretative techniques - Consistent interpretation - Interaction between courts - Mutual recognition
Judicial interaction type:
Vertical interaction - External - Internal
Categories: United Kingdom - National Courts - Supreme Court - Migration and asylum - Prohibition of torture and inhuman or degrading treatment or punishment - Art. 3 - Prohibition of torture
JUDCOOP CASE
United Kingdom, High Court, Twentieth Century Fox Film Corporation et al v British Telecommunications
Conflict:
Conflict of rights - Conflict of interpretation
Judicial interaction techniques:
Interpretative techniques - Consistent interpretation - Interaction between rights - Proportionality test - Interaction between courts - Mutual recognition - Mutual adaptation of jurisprudence
Judicial interaction type:
Horizontal interaction - External - National level - Internal - Vertical interaction - External
Categories: United Kingdom - National Courts - Supreme Court - Art. 10 - Freedom of expression
JUDCOOP CASE
France, Conseil Constitutionnel, Jeremy F. v. Premier ministre
Conflict:
Conflict of interpretation
Judicial interaction techniques:
Interpretative techniques - Consistent interpretation - Interaction between courts - Preliminary ruling - Margin of appreciation - Mutual recognition
Judicial interaction type:
Horizontal interaction - External - Supra-national level - Vertical interaction - External
Categories: France - Court of Justice of European Union - European Court of Human Rights - National Courts - Constitutional Court - Criminal law - Art. 47 - Right to an effective remedy and to a fair trial - Art. 5 - Right to liberty and security - Art. 13 - Right to an effective remedy
Project implemented with financial support of the Fundamental Rights & Citizenship Programme of the European Union
© European University Institute 2019
Villa Schifanoia - Via Boccaccio 121, I-50133 Firenze - Italy