الاعتراف بالأحكام السالبة للحرية : مساهمة في تأسيس فضاء عربي للعدالة و الأمن

Abstract EN

Despite the existence of objective factors that would achieve a standard Arab unity in the criminal field, effectively achieved through the explanatory memorandum of the unified Arab penal law, the Doha document of the consolidated penal system and the Riyadh document of the GCC.

the inability of Arab judicial cooperation to establish an Arab space for justice and security, secures freedom of movement of penal provisions inside it.

the reason is partial recognition of the implementation of the provisions by limiting it to narrow cases of cooperation, as well as maintaining traditional methods that are considered to be his competition in this field, accordingly, the implications of this principle are to be applied to all provisions restricting freedom regardless of their subject matter.

the basis of all effective Arab cooperation.

however, the latter can not be achieved without the establishment of the principle of mutual trust, which requires a necessary convergence between Arab penal legislation, where the principle of double criminality has failed to achieve such cooperation.