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Legal Certainty is considered a prerequisite for a fair criminal justice system in all European legal orders. The principle of mutual recognition puts this principle at a risk, for instance, by abolishing the dual criminality requirement. The paper analyses different remedies for this problem, and argues for a solution in substantive law: A new test for mens rea, which rests on the establishment of a reasonable duty to learn and be aware of foreign laws. Thus, the risk of ignorance of foreign laws no longer rests with the individual alone.

A New Test for Mens Rea? Safeguarding Legal Certainty in a European Area of Freedom, Security and Justice