The article analyses the judicial protection system under the third pillar of the European Union and how it was modified by the Treaty of Lisbon which abolished the distinction between first and third pillar and extended to this latter pillar the instruments of protection typical of the first one. To this regard, the article highlights the influence of the judgments of the Court of Justice in cases Pupino and Segi, where it has applied to the third pillar legal principles which have for long applied in the first pillar. Furthermore, the article focuses on the European Union acts of secondary legislation adopted to strengthen national mechanisms for judicial protection, by approximating the laws of member states regarding proceedings, so as to increase mutual trust and improve judicial cooperation in criminal matters.
European judicial cooperation in criminal matters: what protection for individuals under the Lisbon Treaty? / B. Nascimbene. - In: ERA-FORUM. - ISSN 1612-3093. - 10:3(2009), pp. 397-407. [10.1007/s12027-009-0129-0]
European judicial cooperation in criminal matters: what protection for individuals under the Lisbon Treaty?
B. NascimbenePrimo
2009
Abstract
The article analyses the judicial protection system under the third pillar of the European Union and how it was modified by the Treaty of Lisbon which abolished the distinction between first and third pillar and extended to this latter pillar the instruments of protection typical of the first one. To this regard, the article highlights the influence of the judgments of the Court of Justice in cases Pupino and Segi, where it has applied to the third pillar legal principles which have for long applied in the first pillar. Furthermore, the article focuses on the European Union acts of secondary legislation adopted to strengthen national mechanisms for judicial protection, by approximating the laws of member states regarding proceedings, so as to increase mutual trust and improve judicial cooperation in criminal matters.Pubblicazioni consigliate
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