Skip to main content
SpringerLink
Log in

Mutual Recognition of Financial Penalties

  • Chapter
  • First Online:
Mutual Recognition of Judicial Decisions in European Criminal Law

  • 807 Accesses

Abstract

The chapter deals with mutual recognition of financial penalties. It is divided into six sections and includes concluding observations at the end. Section 8.1 is introduction of the chapter. Section 8.2 analyses its legal basis—the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties. While Sect. 8.3 analyses its definition, scope of application and key terms, Sect. 8.4 analyses procedural issues. Section 8.5 focuses on implementation of the mechanism and Sect. 8.6 focuses on its evaluation.

This is a preview of subscription content, log in via an institution to check access.

Access this chapter

Log in via an institution
Chapter
USD 29.95
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
eBook
USD 229.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book
USD 299.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book
USD 299.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Purchases are for personal use only

Institutional subscriptions

Notes

  1. 1.

    European Convention on the International Validity of Criminal Judgments. Council of Europe , European Treaty Series No. 70 [1970], The Hague, 28th May 1970.

  2. 2.

    European Council (1999): ‘Presidency Conclusions, Tampere European Council 15th–16th October 1999, European Council’, available in: Vermeulen (2005), pp. 327–341.

  3. 3.

    Programme of Measures to Implement the Principle of Mutual Recognition of Decisions in Criminal Matters. Official Journal of the European Communities, C 12/10 of 15th January 2001.

  4. 4.

    Measure No. 18 of the Mutual Recognition Programme .

  5. 5.

    De Bondt and Vermeulen (2012), p. 500.

  6. 6.

    Initiative of the United Kingdom, the French Republic and the Kingdom of Sweden with a view to adopting a Council Framework Decision on the application of the principle of mutual recognition to financial penalties. Official Journal of the European Union, C 278/4 of 2nd October 2001.

  7. 7.

    Recital 2 of the Initiative […] with a view to adopting a Council Framework Decision on the application of the principle of mutual recognition to financial penalties.

  8. 8.

    Council Framework Decision 2005/214/JHA of 24th February 2005 on the application of the principle of mutual recognition to financial penalties as amended by the Framework Decision 2009/299/JHA. Official Journal of the European Union, L 76/16 of 22nd March 2005.

  9. 9.

    Recital 2 of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  10. 10.

    Recital 4 of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties; Klimek (2011), p. 1677. See also: Potásch (2011a), pp. 31–44; Potásch (2008), pp. 13–19; Potásch (2011b), pp. 8–15.

  11. 11.

    Commission of the European Communities (2008): ‘Report from the Commission based on Article 20 of the Council Framework Decision 2005/214/JHA of 24th February 2005 on the application of the principle of mutual recognition to financial penalties’, COM(2008) 888 final, p. 3.

  12. 12.

    Council of the European Union (2010): ‘Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties – Follow up of the mutual recognition instruments – outcome of the discussions based on the results of the questionnaire on implementation’, 17998/10, p. 2.

  13. 13.

    Rusu (2010), p. 234.

  14. 14.

    Financial penalties [online]: European Commission > Justice > Criminal Justice > Recognition of decisions between EU countries > Financial penalties [2012-01-08]. http://ec.europa.eu/justice/criminal/recognition-decision/financial-penalties/index_en.htm.

  15. 15.

    Article 18 the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  16. 16.

    Directive 2011/82/EU of the European Parliament and of the Council of 25th October 2011 facilitating the cross-border exchange of information on road safety related traffic offences. Official Journal of the European Union, L 288/1 of 5th November 2011.

  17. 17.

    Article 1 of the Directive 2011/82/EU facilitating the cross-border exchange of information on road safety related traffic offences.

  18. 18.

    Article 2(a)(b)(c)(d)(e)(f)(g)(h) of the Directive 2011/82/EU facilitating the cross-border exchange of information on road safety related traffic offences.

  19. 19.

    Member States should apply the appropriate procedures to ensure that only the person concerned is informed and not a third party. To that effect, Member States should use detailed arrangements similar to those adopted for following up such offences including means such as, where appropriate, registered delivery. This will allow that person to respond to the information in an appropriate way, in particular by asking for more information, settling the fine or by exercising their rights of defence, in particular in the case of mistaken identity .

  20. 20.

    Council Framework Decision 2009/299/JHA of 26th February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA , 2008/909/JHA and 2008/947/JHA , thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial. Official Journal of the European Union, L 81/24 of 27th March 2009.

  21. 21.

    Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Slovak Republic, the United Kingdom and the Federal Republic of Germany with a view to adopting a Council Framework Decision 2008/…/JHA on the enforcement of decisions rendered in absentia and amending Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between Member States, Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties, Framework Decision 2006/783/JHA on the application of the principle of mutual recognition to confiscation orders, and Framework Decision 2008/…/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union. Official Journal of the European Union, C 52/1 of 26th February 2008.

  22. 22.

    Janssens (2013), p. 195.

  23. 23.

    Article 1(b) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties; Ivor et al. (2013), p. 600.

  24. 24.

    It should be noted that the procedure where compensation is imposed for the benefit of victims, where the victim may not be a civil party to the proceedings and the Court is acting in the exercise of its criminal jurisdiction, only exists in a limited number of Member States. Such compensation is however covered by the scope of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties. Nonetheless the Framework Decision does not foresee any legal mechanism to allow for the allocation of the sums obtained to the victims. There is a great variety in the way the Member States are dealing with this issue. While certain Member States simply transfer the compensation to the victims concerned, other consider necessary to conclude specific agreements between the issuing and executing States. A common approach on this matter would be more appropriate.

  25. 25.

    Directive 2012/29/EU of the European Parliament and of the Council of 25th October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA. Official Journal of the European Union, L 315/57 of L 14th November 2012. The purpose of the Directive is to ensure that victims of crime receive appropriate information, support and protection and are able to participate in criminal proceedings. Member States f the EU shall ensure that victims are recognised and treated in a respectful, sensitive, tailored, professional and non-discriminatory manner, in all contacts with victim support or restorative justice services or a competent authority , operating within the context of criminal proceedings (Article 1(1) of the Directive).

  26. 26.

    Article 1(b) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  27. 27.

    Ligeti (2006), p. 147.

  28. 28.

    Judgment of the European Court of Human Rights of 21 February 1984—Öztürk v. Germany —application No. 8544/7.

  29. 29.

    Convention for the Protection of Human Rights and Fundamental Freedoms . Council of Europe , European Treaty Series No. 5 [1950], Rome, 4th November 1950.

  30. 30.

    Article 2(1)(a) of the 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime.

  31. 31.

    Council Regulation (EC) No 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as amended by the Regulation (EU) No. 416/2010. Official Journal of the European Communities, L 12/1 of 16th January 2001.

  32. 32.

    Article 1(a) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties; Ivor et al. (2013), p. 600.

  33. 33.

    Judgment of the Court of Justice of the European Union of 14th November 2013—case C-60/12 —Marián Baláž, rulings.

  34. 34.

    Treaty on the Functioning of the European Union as amended by the Treaty of Lisbon . Official Journal of the European Union, C 83/47 of 30th March 2010.

  35. 35.

    Judgment of the Court of Justice of the European Union of 14th November 2013—case C-60/12 —Marián Baláž, para. 32.

  36. 36.

    Judgment of the Court of Justice of the European Union of 14th November 2013—case C-60/12 —Marián Baláž, paras 33–35.

  37. 37.

    Article 1(c)(d) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  38. 38.

    Klimek and Klimek (2012), p. 31 et seq.; Klimek (2014), p. 40 et seq.

  39. 39.

    Treaty on the Functioning of the European Union as amended by the Treaty of Lisbon . Official Journal of the European Union, C 83/47 of 30th March 2010.

  40. 40.

    Article 82(1) of the Treaty on the Functioning of the European Union as amended by the Treaty of Lisbon.

  41. 41.

    Article 6 of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  42. 42.

    Recital 2 of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  43. 43.

    Judgment of the Court of Justice of the European Union of 14th November 2013—case C-60/12 —Marián Baláž, point 29.

  44. 44.

    Article 4(3) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  45. 45.

    Commission of the European Communities (2008): ‘Report from the Commission based on Article 20 of the Council Framework Decision 2005/214/JHA of 24th February 2005 on the application of the principle of mutual recognition to financial penalties’, COM(2008) 888 final, p. 3.

  46. 46.

    Article 2(2) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  47. 47.

    Council of the European Union (2010): ‘Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties – Follow up of the mutual recognition instruments – outcome of the discussions based on the results of the questionnaire on implementation’, 17998/10, p. 2.

  48. 48.

    Article 5(3) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties; similarly, Article 4(1) of the European Convention on the International Validity of Criminal Judgements stipulates that the sanction shall not be enforced by another Contracting State unless under its law the act for which the sanction was imposed would be an offence if committed on its territory and the person on whom the sanction was imposed liable to punishment if (s)he had committed the act there.

  49. 49.

    Ligeti (2006), p. 150.

  50. 50.

    ‘Certificate referred to in Article 4 of Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties’ (consolidated version). Official Journal of the European Union, L 76/23 of 22nd March 2005.

  51. 51.

    In line with the Annex to the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  52. 52.

    Article 4(1) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  53. 53.

    However, the United Kingdom and Ireland, respectively, may state in a declaration that the decision together with the certificate must be sent via its central authority or authorities specified by it in the declaration.

  54. 54.

    Article 4(3) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  55. 55.

    Article 4(4) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  56. 56.

    Council Decision 2008/976/JHA of 16th December 2008 on the European Judicial Network . Official Journal of the European Union, L 348/130 of 24th December 2008; see also Chap. 14.

  57. 57.

    Article 4(5) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  58. 58.

    Article 4(6) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  59. 59.

    Belgium is an example of State which uses more official languages than one. Its official languages are Dutch, French and German (ordered from the greatest speaker population to the smallest).

  60. 60.

    Article 16(1) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  61. 61.

    Commission of the European Communities (2008): ‘Report from the Commission based on Article 20 of the Council Framework Decision 2005/214/JHA of 24th February 2005 on the application of the principle of mutual recognition to financial penalties’, COM(2008) 888 final, p. 8; see also: Council of the European Union (2010): ‘Implementation of the Framework Decision of the Council of the European Union of 24 February 2005 (2005/214/JHA) of the application of the principle of mutual recognition to financial penalties – Information provided to the General Secretariat’, 16924/2/10, REV 2.

  62. 62.

    Council of the European Union (2010): ‘Notification of Sweden to the Framework Decision 2005/214/JHA on the application of the principle on mutual recognition to financial penalties’, 16720/10, p. 2.

  63. 63.

    Article 15(1) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  64. 64.

    Article 15(2)(a)(b) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  65. 65.

    Article 15(3) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  66. 66.

    Article 12(1) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  67. 67.

    Article 12(2) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  68. 68.

    Article 82(1) of the Treaty on the Functioning of the European Union as amended by the Treaty of Lisbon .

  69. 69.

    Article 6 of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  70. 70.

    Article 9(1) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  71. 71.

    Klimek and Klimek (2012), p. 32.

  72. 72.

    Article 5(3) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties; similarly, Article 4(1) of the European Convention on the International Validity of Criminal Judgements stipulates that the sanction shall not be enforced by another Contracting State unless under its law the act for which the sanction was imposed would be an offence if committed on its territory and the person on whom the sanction was imposed liable to punishment if he had committed the act there.

  73. 73.

    Article 5(1) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  74. 74.

    Convention drawn up on the basis of Article K.3 of the Treaty on European Union on the protection of the European Communities’ financial interests. Official Journal of the European Communities, C 316/49 of 27th November 1995.

  75. 75.

    Pursuant to the Rome Statute of the International Criminal Court, the jurisdiction of the International Criminal Court is limited to the most serious crimes of concern to the international community as a whole. It has jurisdiction with respect to: the crime of genocide , crimes against humanity, war crimes , and the crime of aggression (Article 5(1) of the Rome Statute); details see: Askin (1999), pp. 33–59; or Doria et al. (2009).

  76. 76.

    De Bondt and Vermeulen (2010), p. 24.

  77. 77.

    Article 5(2) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  78. 78.

    Article 8 of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  79. 79.

    Article 9(2) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  80. 80.

    Article 10 the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  81. 81.

    Commission of the European Communities (2008): ‘Report from the Commission based on Article 20 of the Council Framework Decision 2005/214/JHA of 24th February 2005 on the application of the principle of mutual recognition to financial penalties’, COM(2008) 888 final, p. 7.

  82. 82.

    Article 7(1) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  83. 83.

    Article 7(2) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties; full list of the grounds see literal wording of the Framework Decision.

  84. 84.

    Initiative […] with a view to adopting a Council Framework Decision on the application of the principle of mutual recognition to financial penalties. Official Journal of the European Communities, C 278/4 of 2nd October 2001.

  85. 85.

    See Article 4 of the Initiative […] with a view to adopting a Council Framework Decision on the application of the principle of mutual recognition to financial penalties.

  86. 86.

    Ligeti (2006), p. 151.

  87. 87.

    European Commission (2014): ‘Report from the Commission to the European Parliament and the Council on the implementation by the Member States of the Framework Decisions 2008/909/JHA , 2008/947/JHA and 2009/829/JHA on the mutual recognition of judicial decisions on custodial sentences or measures involving deprivation of liberty , on probation decisions and alternative sanctions and on supervision measures as an alternative to provisional detention ’, COM(2014)57 final, p. 10.

  88. 88.

    Commission of the European Communities (2006): ‘Annex to the Report from the Commission based on Article 34 of the Council Framework Decision of 13th June 2002 on the European arrest warrant and the surrender procedures between Member States’(revised version), Commission staff working document, SEC(2006) 79, p. 11.

  89. 89.

    Council Framework Decision 2002/584/JHA of 13th June 2002 on the European arrest warrant and the surrender procedures between Member States as amended by the Framework Decision 2009/299/JHA. Official Journal of the European Communities, L 190/1 of 18th June 2002.

  90. 90.

    Council of the European Union (2010): ‘Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties – Follow up of the mutual recognition instruments – outcome of the discussions based on the results of the questionnaire on implementation’, 17998/10, p. 5.

  91. 91.

    Council of the European Union (2010): ‘Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties – Follow up of the mutual recognition instruments – outcome of the discussions based on the results of the questionnaire on implementation’, 17998/10, p. 4.

  92. 92.

    Council of the European Union (2010): ‘Questionnaire on the implementation of the Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties’, 17205/10, pp. 13, 23, 51, 56, 61, 67, 73 and 79.

  93. 93.

    Commission of the European Communities (2008): ‘Report from the Commission based on Article 20 of the Council Framework Decision 2005/214/JHA of 24th February 2005 on the application of the principle of mutual recognition to financial penalties’, COM(2008) 888 final, pp. 5 and 6.

  94. 94.

    Treaty on European Union as amended by the Treaty of Lisbon . Official Journal of the European Union, C 83/13 of 30th March 2010. In-depth analysis of Article 6 of the Treaty see: Grabenwarter and Pabel (2013), pp. 287–348.

  95. 95.

    Charter of Fundamental Rights of the European Union . Official Journal of the European Union, C 83/389 of 30th March 2010. In-depth analysis see: Peers et al. (2014).

  96. 96.

    Recital 5 of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  97. 97.

    Recital 6 of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  98. 98.

    Convention for the Protection of Human Rights and Fundamental Freedoms. Council of Europe , European Treaty Series No. 5 [1950], Rome, 4th November 1950.

  99. 99.

    Ligeti (2006), p. 152.

  100. 100.

    Article 14(a)(b)(c)(d)(e) of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  101. 101.

    Article 13 of the Framework Decision 2005/214/JHA on the mutual recognition of financial penalties.

  102. 102.

    Council of the European Union (2010): ‘Implementation of the Framework Decision of the Council of the European Union of 24 February 2005 (2005/214/JHA) of the application of the principle of mutual recognition to financial penalties – Information provided to the General Secretariat’, 16924/2/10, REV 2; Council of the European Union (2010): ‘Questionnaire on the implementation of the Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties’, 17205/10.

  103. 103.

    Commission of the European Communities (2008): ‘Report from the Commission based on Article 20 of the Council Framework Decision 2005/214/JHA of 24th February 2005 on the application of the principle of mutual recognition to financial penalties’, COM(2008) 888 final, p. 8.

  104. 104.

    Council of the European Union (2010): ‘Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties – Follow up of the mutual recognition instruments – outcome of the discussions based on the results of the questionnaire on implementation’, 17998/10, p. 2.

  105. 105.

    Act of the Parliament of the Czech Republic of 20th March No. 140/2013 Coll. on the International Judicial Co-operation in Criminal Matters [Czech: zákon Parlamentu České republiky ze dne 20. března 2013 č. 140/2013 Sb. o mezinárodní justiční spolupráci ve věcech trestních].

  106. 106.

    Loi n° 2007-297 du 5 mars 2007 relative à la prévention de la délinquance. J.O. n° 56 du 7 mars 2007, page 4297 et suivantes.

  107. 107.

    Décret du 3 mai 2007. J.O. n° 105 du 5 mai 2007, page 7963 et suivantes.

  108. 108.

    Act on the International Judicial Assistance in Criminal Matters of 3rd December 1982 [Ger.: Gesetz über die internationale Rechtshilfe in Strafsachen Vom 3. Dezember 1982]. Federal Law Gazette (Bundesgesetzblatt) I, 1982, p. 2071.

  109. 109.

    2007. évi XXXVI. törvény a szabálysértési jogsegélyről.

  110. 110.

    Act of the national Council of the Slovak Republic of 1st June 2011 No. 183/2011 Coll. on Recognition and Execution of Financial Penalties in the European Union and on Amending and Supplementing Certain Laws [Slovak: zákon Národnej rady Slovenskej republiky z 1. júna 2011 č. 183/2011 Z. z. o uznávaní a výkone rozhodnutí o peňažnej sankcii v Európskej únii a o zmene a doplnení niektorých zákonov].

  111. 111.

    Council of the European Union (2010): ‘Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties – Follow up of the mutual recognition instruments – outcome of the discussions based on the results of the questionnaire on implementation’, 17998/10, p. 2.

  112. 112.

    Miettinen (2013), p. 226.

  113. 113.

    Council of the European Union (2010): ‘Questionnaire on the implementation of the Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties’, 17205/10, pp. 15, 31, 45, 58, 64 and 74.

  114. 114.

    Council of the European Union (2010): ‘Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties – Follow up of the mutual recognition instruments – outcome of the discussions based on the results of the questionnaire on implementation’, 17998/10, pp. 5 and 6.

References

  • Askin KD (1999) Crimes within the jurisdiction of the International Criminal Court. Crim Law Forum 10:33–59

    Article  Google Scholar 

  • De Bondt W, Vermeulen G (2010) Appreciating approximation. Using common offence concepts to facilitate police and judicial cooperation in the EU. In: Cools M et al (eds) EU and international crime control. Maklu, Antwerpen, pp 15–40

    Google Scholar 

  • De Bondt W, Vermeulen G (2012) EULOCS in support of international cooperation in criminal matters. In: Vermeulen G, De Bondt W, Ryckman C (eds) Rethinking international cooperation in criminal matters in the EU: moving beyond actors, bringing logic back, footed in reality. Maklu, Antwerpen, pp 421–463

    Google Scholar 

  • Doria J, Gasser H-P, Bassiouni MC (eds) (2009) The legal regime of the International Criminal Court: essays in honour of Professor Igor Blishchenko. Martinus Nijhoff, Leiden

    Google Scholar 

  • Grabenwarter C, Pabel K (2013) Article 6 [Fundamental rights – the charter and the ECHR]. In: Blanke H-J, Mangiameli S (eds) The Treaty on European Union (TEU): a commentary. Springer, Berlin, pp 287–348

    Google Scholar 

  • Ivor J, Klimek L, Záhora J (2013) Trestné právo Európskej únie a jeho vplyv na právny poriadok Slovenskej republiky [transl.: Criminal law of the European Union and its impact on the legal order of the Slovak Republic]. Eurokódex, Žilina

    Google Scholar 

  • Janssens C (2013) The principle of mutual recognition in EU law. Oxford University Press, New York

    Book  Google Scholar 

  • Klimek L (2011) Uznávanie a výkon rozhodnutí o peňažnej sankcii v EÚ: aplikácia v Slovenskej republike [transl.: Recognition and execution of decisions on financial penalties: application in the Slovak Republic]. Justičná revue 63:1676–1685

    Google Scholar 

  • Klimek L (2014) Vzájomné uznávanie peňažných sankcií v Európskej únii [transl.: Mutual recognition of financial penalties in the European Union]. Rigorous thesis, University of Ss. Cyril and Methodius, Trnava

    Google Scholar 

  • Klimek L, Klimek R (2012) Vzájomné uznávanie peňažných sankcií v EÚ: súčasť mechanizmu vzájomného uznávania justičných rozhodnutí v trestných veciach [transl.: Mutual recognition of financial penalties in the EU: a component of the mechanism of mutual recognition of judicial decisions in criminal matters]. Trestní právo 16:28–38

    Google Scholar 

  • Ligeti K (2006) Mutual recognition of financial penalties in the European Union. Revue Internationale de Droit Pénal 77:145–154

    Article  Google Scholar 

  • Miettinen S (2013) Criminal law and policy in the European Union. Routledge, Oxon

    Google Scholar 

  • Peers S, Hervey T, Kenner J, Ward A (eds) (2014) The EU charter of fundamental rights: a commentary. Hart, Oxford

    Google Scholar 

  • Potásch P (2008) Európsky správny poriadok – problém alebo riešenie? [transl.: European administrative code – problem or solution?]. In: Potásch P (ed) Právny poriadok Slovenskej republiky v európskom kontexte [transl.: Legal order of the Slovak Republic in European context]. Akadémia Policajného zboru v Bratislave, Bratislava, pp 13–19

    Google Scholar 

  • Potásch P (2011a) Traffic offences from the EU and V4 perspective – an element of safety. In: Majer P, Sitek M (eds) Jakość w działaniach na rzecz bezpieczeństwa wewnetrznego państw Grupy Wyszehradzkiej z perspektywy europejskiej [transl.: Quality measures for security of the states of the Visegrad group from a European perspective]. Wyższa Szkoła Gospodarki Euroregionalnej im. Alcide De Gasperi, Józefów, pp 31–44

    Google Scholar 

  • Potásch P (2011b) Introducing the right to good administration in the law of the European Union and selected features of good public administration. Magister Officiorum 1:8–15

    Google Scholar 

  • Rusu MI (2010) Mutual recognition of financial penalties between the EU Member States. Critical observations. Acta Universitatis Danubius Iuridica 7:220–238

    Google Scholar 

  • Vermeulen G (2005) Essential texts on international and European criminal law, 4th edn. Maklu, Antwerpen

    Google Scholar 

Download references

Author information

Authors and Affiliations

  1. Faculty of Law, Pan-European University, Bratislava, Slovak Republic

    Libor Klimek

Authors
  1. Libor Klimek
    View author publications

    You can also search for this author in PubMed Google Scholar

Rights and permissions

Reprints and permissions

Copyright information

© 2017 Springer International Publishing Switzerland

About this chapter

Cite this chapter

Klimek, L. (2017). Mutual Recognition of Financial Penalties. In: Mutual Recognition of Judicial Decisions in European Criminal Law. Springer, Cham. https://doi.org/10.1007/978-3-319-44377-5_8

Download citation

  • DOI: https://doi.org/10.1007/978-3-319-44377-5_8

  • Published:

  • Publisher Name: Springer, Cham

  • Print ISBN: 978-3-319-44375-1

  • Online ISBN: 978-3-319-44377-5

  • eBook Packages: Law and CriminologyLaw and Criminology (R0)

Publish with us

Policies and ethics

Search

Navigation