Mutual Recognition in Criminal Matters and the Principle of Proportionality: Effective Proportionality or Proportionate Effectiveness?

Abstract

The principle of proportionality constitutes a general principle of EU law. However, its application with regard to judicial cooperation in criminal matters between the EU Member States has remained somewhat unclear, especially after the introduction of the principle of mutual recognition. This article first of all analyses the content and structure of said principle, as it can arguably be given different understandings. Secondly, it discusses the relevance ascribed to the principle in both EU and State legislation and practice.