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Roth, Wulf-Henning --- "Mutual recognition" [2017] ELECD 282; in Koutrakos, Panos; Snell, Jukka (eds), "Research Handbook on the Law of the EU’s Internal Market" (Edward Elgar Publishing, 2017) 427

Book Title: Research Handbook on the Law of the EU’s Internal Market

Editor(s): Koutrakos, Panos; Snell, Jukka

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783478095

Section: Chapter 19

Section Title: Mutual recognition

Author(s): Roth, Wulf-Henning

Number of pages: 33

Abstract/Description:

The principle of mutual recognition is firmly embedded in the primary law of the European Union as a distinctive feature in the application of the fundamental freedoms; and it appears as a guiding principle and as a competence basis for legislation on the recognition of diplomas (Article 53(1) TFEU) and for the establishment of the Area of Freedom, Security and Justice (Articles 81 and 82 TFEU). Based on these competences and on the general internal market competence (Article 114 TFEU), the Union institutions have made use of the principle of mutual recognition in such diverse areas as product standards, professional qualifications, drivers’ licences, insurance and banking activities, recognition of judgments and decisions relating to civil and criminal matters. The principle of mutual recognition has many faces (section I). It is well known in international trade relations (section II). It is attributed varying functions (section III) and it has to be distinguished from related concepts (section IV). The principle of mutual recognition has evolved as a key conceptin the development of the European internal market: It provides access to the markets of the Member States, and it is meant to set limits on restrictions with regard to the fundamental freedoms. And as far as restrictions may be justified by mandatory requirements of the public interest, secondary law may refer to this principle as an instrument to overcome such obstacles.