148:, 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
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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
152:, 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.
137:. 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.
121:(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
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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
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57:, decisions or results (for example certifications or test results). A mutual recognition arrangement is an international arrangement based on such an agreement.
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particularly with the fundamental rights recognised by EU law. The importance of the principles of mutual recognition and mutual trust was highlighted by the
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Countries involved in the agreement can designate for the scope of the agreement
Conformity Assessment Bodies (CAB), laboratories and inspection bodies.
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Resolution of the
Council of 30 November 2009 on a Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings
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occurs when two or more countries or other institutions recognize one another's decisions or policies, for example in the field of
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Managed Mutual
Recognition Regimes: Governance Without Global Government by Kalypso Nicolaïdis and Gregory Shaffer
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Programme of measures to implement the principle of mutual recognition of decisions in criminal matters
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the
Directive on the right to have access to a lawyer in criminal proceedings
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MRAs. However, the term is also applied to agreements on the recognition of
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Optional foreign relation between two countries harmonious in some way
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MRAs have become increasingly common since the formation of the
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The principle of mutual recognition in
European Criminal Law
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C 012 , 15/01/2001 p. 0010 - 0022, accessed 4 November 2021
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National
Institute of Standards and Technology on its MRAs
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in 1995. They have been forged within and among various
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Mutual recognition is a cornerstone principle in the
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162:Testing, inspection and certification
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278:Public Citizen description of MRAs
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268:TACD Background Paper on MRAs
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47:mutual recognition agreement
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192:Mutual recognition of goods
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92:professional qualifications
39:professional qualifications
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194:, accessed 22 August 2021
131:European Court of Justice
65:World Trade Organization
142:European Arrest Warrant
55:conformity assessments
203:European Commission,
190:European Commission,
172:Home state regulation
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167:Harmonisation of law
105:in a similar sense.
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125:in October 1999.
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