Themis Competition 2012 Why are we against the application of the principle of mutual recognition to...
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![Page 1: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/1.jpg)
Themis Competition 2012
Why are we against the application of the principle of mutual recognition to evidence
issues ?
Team France 6Milène Chebrout
Stéphanie De PortiLéopoldine Fay
![Page 2: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/2.jpg)
What evidence are we talking about?
![Page 3: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/3.jpg)
What evidence are we talking about?Evidence which
already exists ?
![Page 4: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/4.jpg)
What evidence are we talking about?Evidence which
already exists ?The gathering of
evidence ?
![Page 5: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/5.jpg)
Main issues :
Harmonization is insufficient to fully respect the fundamental principles of criminal procedure
![Page 6: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/6.jpg)
Main issues :
Harmonization is insufficient to fully respect the fundamental principles of criminal procedure
The consequences of the automatic application of the principle of mutual recognition on the rights and liberties of the defendant
![Page 7: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/7.jpg)
Part 1: The so problematic application of the principle of mutual recognition to evidence issues regarding the different legal orders of the Member States
![Page 8: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/8.jpg)
Part 1: The so problematic application of the principle of mutual recognition to evidence issues regarding the different legal orders of the Member States
Conceptual problem
![Page 9: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/9.jpg)
Part 1: The so problematic application of the principle of mutual recognition to evidence issues regarding the different legal orders of the Member States
Conceptual problem- In relation to the definition of the principle of mutual
recognition
![Page 10: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/10.jpg)
Part 1: The so problematic application of the principle of mutual recognition to evidence issues regarding the different legal orders of the Member States
Conceptual problem- In relation to the definition of the principle of mutual
recognition
BUT NOT FOR EVIDENCE !
![Page 11: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/11.jpg)
Part 1: The so problematic application of the principle of mutual recognition to evidence issues regarding the different legal orders of the Member States
Conceptual problem- In relation to the definition of the principle of mutual
recognition
BUT NOT FOR EVIDENCE !
We are not talking about JUDICIAL decision
![Page 12: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/12.jpg)
Part 1: The so problematic application of the principle of mutual recognition to evidence issues regarding the different legal orders of the Member States
Mutual recognition requires Mutual Trust
![Page 13: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/13.jpg)
Part 1: The so problematic application of the principle of mutual recognition to evidence issues regarding the different legal orders of the Member States
Conceptual problem
The obstacles raised to an automatic application of the principle of mutual recognition in relation to the different applications of the notion of fair trial
![Page 14: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/14.jpg)
Part 1: The so problematic application of the principle of mutual recognition to evidence issues regarding the different legal orders of the Member States
The obstacles raised to an automatic application of the principle of mutual recognition in relation to the different applications of the notion of fair trial
WHY DO STATES HAVE LAWS ON EVIDENCE??
![Page 15: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/15.jpg)
Part 1: The so problematic application of the principle of mutual recognition to evidence issues regarding the different legal orders of the Member States
The obstacles raised to an automatic application of the principle of mutual recognition in relation to the different applications of the notion of fair trial
- WHY DO STATES HAVE LAWS ON EVIDENCE??
- Different applications of the standards :
example : privilege against self incrimination, loyalty…
![Page 16: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/16.jpg)
Principle of mutual recognition is not a magic wand
![Page 17: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/17.jpg)
Part 2 : The problematic consequences of the application of the principle of mutual recognition on the rights and liberties of the defendant
![Page 18: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/18.jpg)
Part 2 : The problematic consequences of the application of the principle of mutual recognition on the rights and liberties of the defendant
In relation to the fundamental rights
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Part 2 : The problematic consequences of the application of the principle of mutual recognition on the rights and liberties of the defendant
In relation to the fundamental rights
In relation to the danger of a potential « forum shopping »
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CONCLUSION…some proposals
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CONCLUSION…some proposals
need to frame the rules on gathering evidence especially by checking the proportionality of the investigation measures
![Page 22: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/22.jpg)
CONCLUSION…some proposals
need to frame the rules on gathering evidence especially by checking the proportionality of the investigation measures necessity to apply the principle of mutual recognition only to decisions of judicial authorities
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CONCLUSION…some proposals
need to frame the rules on gathering evidence especially by checking the proportionality of the investigation measures necessity to apply the principle of mutual recognition only to decisions of judicial authorities a prior harmonization of rules on gathering of evidence is necessary
![Page 24: Themis Competition 2012 Why are we against the application of the principle of mutual recognition to evidence issues ? Team France 6 Milène Chebrout Stéphanie.](https://reader035.fdocuments.in/reader035/viewer/2022081603/56649f1b5503460f94c302fc/html5/thumbnails/24.jpg)
Mutual recognition requires mutual trust = built step by step
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Thank you for your attention!!