Das Prinzip der gegenseitigen Anerkennung im Europäischen Strafrecht

The dissertation reflects on the legal nature of the principle of mutual recognition. It argues that the so-called „cornerstone of judicial cooperation“ is a binding but general legal norm of European primary law; one that must be substantiated. That finding enables a theoretically grounded answer to the question of how to resolve the conflict between the criminal law enforcement interests of EU-Member States and the rights of supected persons, compliant to the primary law of the European Union. Furthermore the dissertation demonstrates that EU framework decisions implement the principle of mutual recognition at the expense of the rights of suspected persons and therefore out of sync with primary law. As errors of assessment, the dissertation identifies the absence of a public policy (ordre public) exception regarding the violation of fundamental rights of suspected persons and the optional nature of the ground for the refusal in case of infringement of the ne bis in idem principle.