La configuración del Espacio Judicial Europeo

  • David Ordóñez Solís Red de Expertos en Derecho de la Unión Europea del Consejo General del Poder Judicial
DOI: https://doi.org/10.18543/ced-50-2014pp105-139
Keywords: civil cooperation, criminal cooperation, fundamental rights, judicial cooperation, Treaty of Amsterdam, Treaty of Lisbon

Abstract

The European judicial area has been built on the European Communities insofar as the preliminary ruling procedure between National judges and the European Court of Justice (ECJ) was in force. However, since 1999 an area of freedom, security and justice has been established by the Treaty of Amsterdam, and in this framework the civil and criminal judicial cooperation was set up. The Treaty of Lisbon ended the distinction between community and intergovernmental pillars in the European Union (EU). The European judicial area has been developed through legislations transforming traditional conflict of law treaties into community or EU regulations; establishing new cooperation procedures in criminal or civil matters (arrest warrant and protection measure en civil matters); harmonising procedures (European order for payment procedure and orders freezing property or evidence) and approximating national legislations (mediation procedure in civil matters and the right to interpretation and translation in criminal proceedings). Meanwhile the ECJ has softened the pillars architecture and has remarked that the principles of confidence and mutual recognition are the cornerstone of the judicial cooperation in civil and criminal matters. Moreover, the ECJ is the guarantee of a high European standard regarding fundamental rights protection according to the EU Charter and case-law established by the European Court of Human Rights.

Received: 02 December 2013
Accepted: 20 December 2013
Published online: 15 April 2016

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Author Biography

David Ordóñez Solís, Red de Expertos en Derecho de la Unión Europea del Consejo General del Poder Judicial
Magistrado, Doctor en Derecho y miembro de la Red de Expertos en Derecho de la Unión Europea del Consejo General del Poder Judicial
Published
2014-04-30
How to Cite
Ordóñez Solís, David. 2014. “La configuración Del Espacio Judicial Europeo”. Deusto Journal of European Studies, no. 50 (April), 105-39. https://doi.org/10.18543/ced-50-2014pp105-139.
Issue
No. 50 (2014): 1988-2013 Grandes hitos de la construcción europea
Section
Articles

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