Bulletin n. 1/2012
June 2012
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Parisi Nicoletta
    Tecniche di costruzione di uno spazio penale europeo. In tema di riconoscimento reciproco delle decisioni giudiziarie e di armonizzazione delle garanzie procedurali
    in Studi sull'integrazione europea , Anno VII, n. 1, gennaio-aprile ,  2012 ,  33-58
    Two pillars compose the European judicial cooperation in criminal matters: the principle of mutual recognition of judgments and judicial decisions and the approximation of the law and regulations of the Member States. These two pillars are influencing each other: approximation strengthens mutual trust of each Member State in the other domestic criminal systems; mutual trust improves the recognition and enforcement of foreign legal values. On November 30, 2009 the EU Council adopted a “roadmap” with the aim to introduce a comprehensive set of procedural rights of suspected and accused persons. As of today, the EP and the Council adopted Directive 2010/64 (on the right to interpretation and translation in criminal proceedings) on the ground of Article 82 TFEU; they are discussing two directive proposals (on the right to information and translation in criminal proceedings and on legal advice and legal aid). The European Institutions will also face up to other issues: communication with relatives, employers, and consular authorities, special safeguards for vulnerable suspected and accused persons, pre-trial detention. The European legal approach implies some limits and advantages. Although the “roadmap” is not exhaustive in listing the necessary measures, it is worth noting the lack of procedural safeguards in the pre-trial investigation stage. On the other hand the aforementioned approximation’s activity will be able to counterbalance the repressive approach that marked the first stage of construction of an area of freedom, security and justice, to set up a uniform minimum standard of procedural rights applicable both in domestic and in cross-border situations, finally, to increase the rule of law within the European Union and its Member States. The dialogue between the national judges and the two European international Courts is of paramount importance.
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