The Legal-Structural and Institutional Regime of Criminal Cooperation in the European Union

Abstract

In the context of globalization and the intensification of cross-border criminal activity, judicial cooperation in criminal matters among the Member States of the European Union has become a fundamental component in ensuring security and justice within the European area. The expansion of organized crime, terrorism, and other forms of transnational criminality has required the development of effective mecha­nisms of collaboration among national judicial authorities. The European Union has undergone substantial evolution in the field of judicial cooperation in criminal matters, transitioning from a system rooted in international conventions to a coherent legislative framework grounded in the principle of mutual recogni­tion of judicial decisions and rulings. Through the adoption of legal instruments such as the European Arrest Warrant (EAW) and the European Investigation Order (EIO), Member States have succeeded in simplifying and enhancing procedures concerning extradition, evidence exchange, and cooperation in criminal investigations. A central concept underpinning judicial cooperation within the EU is the principle of mutual recognition of judicial decisions and rulings. This principle entails that a decision issued by the authorities of one Member State must be acknowledged and promptly enforced by the others, without the need for an additional validation procedure. The European Arrest Warrant exemplifies the application of this principle, enabling the swift surrender of suspects between Member States.