Twenty years since Tampere. The development of mutual recognition in criminal matters

• Autores: Lorenzo Salazar
• Localización: Eucrim: the European Criminal Law Associations' fórum, ISSN 1862-6947, Nº. 4, 2019 (Ejemplar dedicado a: Anniversary Year for European Criminal Law), págs. 255-261
• Idioma: inglés
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• Resumen

  • Twenty years having passed since the Conclusions of the European Council in Tampere, which proposed the principle of mutual recognition as the “cornerstone” of judicial cooperation within the Union, the author takes the opportunity to reflect on the main achievements in this sector before and after the entry into force of the Treaty of Lisbon. From the enthusiasm following the adoption of the European Arrest Warrant to the recently achieved European Investigation Order and the Regulation on freezing and confiscation orders, the panorama of mutual recognition still seems to be characterized by excessive fragmentation. After Tampere and following the adoption of the consecutive programmes of action of 2004 (The Hague) and 2009 (Stockholm), no really new strategic guidelines have been adopted by the heads of state and governments, notwithstanding the clear mandate assigned to them by Art. 68 TFEU. Looking forward to the new Strategic Guidelines to be adopted in March 2020, the European Council indeed seems to have for a long while abdicated from its leading role in streamlining objectives in the sector of criminal justice, an area that would enormously benefit from clear orientation guidelines for future initiatives of the new European Commission. As examples, the article proposes fostering the rationalization and simplification of the disparate instruments of cooperation and forging the future relationship between the European Public Prosecutor’s Office (EPPO) and Eurojust, in particular concerning the possible expansion of their respective competences and scope