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Special regime for the recognition of decisions on financial penalties: complex analysis

Author

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  • Lukáš JANČà T

    (Faculty of Law, Pavol Jozef Safarik University in Kosice, Slovak Republic)

Abstract

The 'smoldering effect' of integration has inevitably resulted in widening the scope of matters in which the Member States of the European Union cooperate with each other. One such area is also the area of criminal matters, including the matter of mutual recognition on financial penalties. The aim of the article is systematically describe the specific regime for the recognition and enforcement of decisions on financial penalties under Council Framework Decision 2005/214/JHA. To this end, we analyze historical bases for an adoption of the regime on the territory of the European Communities; the current legal framework of the special regime at European Union level; the purpose and scope of Council Framework Decision 2005/214/JHA; the nature of the special regime; the transposed measure in the Slovak Republic and the nature of the decisions issued under Council Framework Decision 2005/214/JHA in terms of their extraterritorial effects. In particular, we performed textual analyses of relevant laws, legal literature and case-law of CJEU and ECtHR. Based on the synthesis of knowledge, the prospects for evolution of the special regime are assessed in conclusion.

Suggested Citation

  • Lukáš JANČà T, 2023. "Special regime for the recognition of decisions on financial penalties: complex analysis," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 13(1), pages 93-119, March.
    • Handle: RePEc:asr:journl:v:13:y:2023:i:1:p:93-119
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    More about this item

    Keywords

    decision on financial penalties; Council Framework Decision 2005/214/JHA; principle of mutual recognition.;
    All these keywords.

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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