Juridical Tribune (Mar 2023)
Special regime for the recognition of decisions on financial penalties: complex analysis
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.
