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THE EUROPEAN JUDICIAL COOPERATION IN CRIMINAL MATTERS IN THE LIGHT OF THE LISBON TREATY

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Author(s): OANA-MARIUCA PETRESCU

Journal: Challenges of the Knowledge Society
ISSN 2068-7796

Volume: 3;
Issue: -;
Start page: 1208;
Date: 2013;
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Keywords: Treaty of Lisbon | criminal matters | judicial cooperation | Court of Justice of the European Union | mutual assistance

ABSTRACT
The judicial cooperation in criminal matters together with the police cooperation were mentioned for the first time in a treaty, as a European legal instrument, with legal binding effect, by the Maastricht Treaty in 1993 in Title VI (Provisions on cooperation in the fields of Justice and Home Affairs). In time, taking into account the political and legal realities faced by the European Union, there have been important amendments brought to the contents of the Justice and Home Affairs policy through the Treaty of Amsterdam (1997) and the Treaty of Nice (2001). Nevertheless, the new amendments brought by the Treaty of Lisbon in 2009 in the field of judicial cooperation have determined the “rethinking” and separating it from the “police cooperation” in two different chapters of Title V of TFEU (dealing with Area of Freedom, Security and Justice) which will be briefly analysed in this paper. Bearing in mind all mentioned above, the aim of the paper is to analyse, on the one hand, the important amendments brought in the field of judicial cooperation by Lisbon Treaty from the legislative and procedure point of view as well as the new created institutions, highlighting in the same time the relevant principles governing the European judicial cooperation, such as: principle of mutual recognition of judgements and judicial decisions by Member States, mutual assistance in criminal matters etc. On the other hand, we will be able to devote additional focus to studying the contribution of the Court of Justice of the European Union (“CJEU”) to the development of the “Judicial Cooperation in Criminal Matters” since this court has full jurisdiction over this domain by the date of the entry into force of the Lisbon Treaty.
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