Mutual recognition
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MRAs have become increasingly common since the formation of the [[World Trade Organization]] in 1995. They have been forged within and among various [[trade bloc]]s, including [[APEC]] and the [[European Union]].European Commission, [https://ec.europa.eu/growth/single-market/goods/free-movement-sectors/mutual-recognition_en Mutual recognition of goods], accessed 22 August 2021 |
MRAs have become increasingly common since the formation of the [[World Trade Organization]] in 1995. They have been forged within and among various [[trade bloc]]s, including [[APEC]] and the [[European Union]].European Commission, [https://ec.europa.eu/growth/single-market/goods/free-movement-sectors/mutual-recognition_en Mutual recognition of goods], accessed 22 August 2021 |
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MRAs are most commonly applied to [[goods]], such as various [[quality control]] MRAs. However, the term is also applied to agreements on the recognition of [[professional qualification]]s and decisions relating to criminal matters.European Commission, [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32001Y0115%2802%29 Programme of measures to implement the principle of mutual recognition of decisions in criminal matters], ''Official Journal'' C 012 |
MRAs are most commonly applied to [[goods]], such as various [[quality control]] MRAs. However, the term is also applied to agreements on the recognition of [[professional qualification]]s and decisions relating to criminal matters.European Commission, [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32001Y0115%2802%29 Programme of measures to implement the principle of mutual recognition of decisions in criminal matters], ''Official Journal'' C 012, 15/01/2001 p. 0010 - 0022, accessed 4 November 2021 |
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Accreditation Bodies, under the [[International Accreditation Forum]], use the term ''Multilateral Recognition Agreements'' in a similar sense.{{cite web |title=MLA Purpose |url=https://www.iaf.nu/articles/Purpose/15 |website=IAF |accessdate=7 October 2018}} |
Accreditation Bodies, under the [[International Accreditation Forum]], use the term ''Multilateral Recognition Agreements'' in a similar sense.{{cite web |title=MLA Purpose |url=https://www.iaf.nu/articles/Purpose/15 |website=IAF |accessdate=7 October 2018}} |
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==The principle of mutual recognition in European Criminal Law== |
==The principle of mutual recognition in European Criminal Law== |
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Mutual recognition is a cornerstone principle in the [[Area of freedom, security and justice]] (AFSJ) in the [[European Union]] (EU). The importance of mutual recognition as a key principle for promoting cooperation, coordination and trust among EU Member States within the AFSJ has been firstly recognized in the Tampere Conclusions, adopted by the [[European Council]] in October 1999. |
Mutual recognition is a cornerstone principle in the [[Area of freedom, security and justice]] (AFSJ) in the [[European Union]] (EU). The importance of mutual recognition as a key principle for promoting cooperation, coordination and trust among EU Member States within the AFSJ has been firstly recognized in the Tampere Conclusions, adopted by the [[European Council]] in October 1999. |
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In the AFSJ, the principle of mutual recognition entails that a decision of one Member State is recognized by and obtains legal force in another Member State based on a presumption of mutual trust. Member States trust the fact that within the Union all Member States comply with EU law and particularly with the fundamental rights recognised by EU law. The importance of the principles of mutual recognition and mutual trust was highlighted by the [[European Court of Justice]] in its [[Opinion 2/13]]. In this Opinion, the Court specified that the presumption of mutual trust prevents a Member State from checking if another Member State comply with fundamental rights guaranteed by EU law, unless exceptional circumstances arise. |
In the AFSJ, the principle of mutual recognition entails that a decision of one Member State is recognized by and obtains legal force in another Member State based on a presumption of mutual trust. Member States trust the fact that within the Union all Member States comply with EU law and particularly with the fundamental rights recognised by EU law. The importance of the principles of mutual recognition and mutual trust was highlighted by the [[European Court of Justice]] in its [[Opinion 2/13]]. In this Opinion, the Court specified that the presumption of mutual trust prevents a Member State from checking if another Member State comply with fundamental rights guaranteed by EU law, unless exceptional circumstances arise. |
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| ⚫ | Mutual recognition can represent an alternative to harmonisation in order to achieve the goal of European Integration in the AFSJ. Many European criminal law instruments, such as the [[European Arrest Warrant]], have been adopted on the basis of the principle of mutual recognition. However, as stated in Article 82(2) [[Treaty on the Functioning of the European Union|TFEU]], the EU legislator can also opt for the adoption of minimum harmonised rules 'to the extent necessary to facilitate mutual recognition of judgments and judicial decisions and police and judicial cooperation in criminal matters having a cross-border dimension'. On that note, a package of directives (the so called 'ABC Directives'), which included for instance [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32013L0048 the Directive on the right to have access to a lawyer in criminal proceedings], has been adopted using the legal basis of Art. 82(2) TFEU. The aim was twofold: guaranteeing an effective minimum standard of protection of fundamental procedural rights and enhancing mutual trust between Member States thus facilitating mutual recognition.Council of the European Union, '[https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32009G1204(01)https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32009G1204(01) Resolution of the Council of 30 November 2009 on a Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings]' OJ C 295/1. |
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| ⚫ | Mutual recognition can represent an alternative to harmonisation in order to achieve the goal of European Integration in the AFSJ. Many European criminal law instruments, such as the [[European Arrest Warrant]], have been adopted on the basis of the principle of mutual recognition. However, as stated in Article 82(2) [[Treaty on the Functioning of the European Union|TFEU]], the EU legislator can also opt for the adoption of minimum harmonised rules 'to the extent necessary to facilitate mutual recognition of judgments and judicial decisions and police and judicial cooperation in criminal matters having a cross-border dimension'. On that note, a package of directives (the so called 'ABC Directives'), which included for instance [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32013L0048 the Directive on the right to have access to a lawyer in criminal proceedings], has been adopted using the legal basis of Art. 82(2) TFEU. The aim was twofold: guaranteeing an effective minimum standard of protection of fundamental procedural rights and enhancing mutual trust between Member States thus facilitating mutual recognition. |
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==See also== |
==See also== |
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* [[Testing, inspection and certification]] |
* [[Testing, inspection and certification]] |
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*[https://web.archive.org/web/20060815173844/http://ts.nist.gov/ts/htdocs/210/gsig/mra.htm National Institute of Standards and Technology on its MRAs] |
*[https://web.archive.org/web/20060815173844/http://ts.nist.gov/ts/htdocs/210/gsig/mra.htm National Institute of Standards and Technology on its MRAs] |
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*[http://www.citizen.org/trade/harmonization/MRA/ Public Citizen description of MRAs] |
*[http://www.citizen.org/trade/harmonization/MRA/ Public Citizen description of MRAs] |
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{{DEFAULTSORT:Mutual Recognition}} |
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