Constitutional Challenges To The European Arrest Warrant
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Constitutional Challenges To The European Arrest Warrant
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Author : Elspeth Guild
language : en
Publisher:
Release Date : 2006
Constitutional Challenges To The European Arrest Warrant written by Elspeth Guild and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Arrest categories.
Recoge: 1. The european arrest warrant - 2. Analyses of the judgments - 3. Reflections from two 'user' member states - 4. Beyond the member states-the perspectives.
Constitutional Challenges To The European Arrest Warrant With Special Regard To The New Member States Of Eu 25 And Eu 27
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Author :
language : en
Publisher:
Release Date : 2007
Constitutional Challenges To The European Arrest Warrant With Special Regard To The New Member States Of Eu 25 And Eu 27 written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
Still Not Resolved
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Author : Elspeth Guild
language : en
Publisher:
Release Date : 2009
Still Not Resolved written by Elspeth Guild and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Arrest categories.
This book is essential reading for anyone interested in the issues arising from the EU's European Arrest Warrant, its 'flagship' instrument implementing the principle of mutual recognition in criminal law, as it examines in depth the basic principles and institutional context of the European Arrest Warrant, as well as its often-troubled implementation into MemberStates' national law. Steve Peers, Professor, School of Law, University of Essex The book is also recommended to those interested in the development of the law and politics of EU criminal justice and its relationship with EU and national constitutional law. Dr Valsamis Mitsilegas, Reader in Law, Queen Mary, University of London This book is an important addition to the growing literature on the European Arrest Warrant. It contains detailed and insightful contributions by key experts in the field, coming from academia, EU policy and legal practice. The book contains a number of valuable, up-to-date chapters on the implementation of the European Arrest Warrant Framework Decision in Member States. In this context, it is essential reading for both academics and practitioners dealing with the constitutional implications of the European Arrest Warrant in particular and mutual recognition in criminal matters in the EU more generally
The Judicialisation Of The European Arrest Warrant
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Author : Petra Bárd
language : en
Publisher:
Release Date : 2023
The Judicialisation Of The European Arrest Warrant written by Petra Bárd and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
The European arrest warrant (EAW) enables the suspects of criminal offences to be prosecuted and facilitates the execution of criminal sentences and custodial orders across the European Union. The Framework Decision (FD) on the EAW placed from its very inception a strong emphasis on security and fighting impunity by facilitating, simplifying and accelerating extradition among EU Member States’ criminal justice authorities.The EAW was designed to function on the basis of mutual and quasi-automatic recognition of foreign criminal justice decisions in the area of surrender. An almost unconditional trust is awarded to the authorities of the issuing State to systematise a presumption of legality, proportionality, and overall appropriateness of their decisions. Speed, however, is often at the expense of the principles of fair trial and rule of law. In the almost 20 years that have passed since the entry into force of the FD EAW in 2004, it has become clear that the choice of anchoring the EAW functioning on a requirement of mutual trust between EU Member States’ judicial authorities has generated far-reaching constitutional and legal challenges and tensions.This Report analyses how key questions and concerns raised by national judicial authorities on EAW-related matters have been addressed by the Court of Justice of the European Union (CJEU). Issues addressed range from the limits of mutual trust in EAW proceedings; the conditions for issuing a EAWs; the ways and extents to which a Member State may monitor their peers’ respect of EU fundamental rights and the rule of law before executing an EAW; and the conditions for putting on hold or refusing surrenders. The Report also offers a critical assessment of the CJEU’s case-law covering state capture, judicial independence and more generally the role of fundamental rights and the rule of law as preconditions for mutual trust in criminal justice mutual recognition instruments. This is combined with a critical appraisal of the scope and effectiveness of other EU institutions’, especially the European Commission’s responses to state capture and its current rule of law toolbox of instruments. It is argued that EU responses have been largely insufficient, even though the EU possesses enough tools to respond to systematic rule of law risks and threats in the Member States. TheReport offers some remedies to the tension between the decline of democracies and the rule of law in some Member States, as well as its repercussions in the functioning of mutual recognition instruments in the Areas of Freedom, Security and Justice, such as the FD EAW. More specifically, it comes up with suggestions as to how to resolve or ease the EU’s rule of law challenge in the framework and beyond the FD EAW with the involvement of all EU institutions.
European Arrest Warrant
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Author : Libor Klimek
language : en
Publisher: Springer
Release Date : 2014-09-23
European Arrest Warrant written by Libor Klimek and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-23 with Law categories.
This book examines the European arrest warrant as a successful and effective instrument for judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding the European arrest warrant. The book analyses its genesis, main features, surrender procedure, case law, implementation and the latest developments. Instead of focusing solely on a criminal law approach, it also considers the subject from the perspective of European Union law and constitutional law.
National Constitutions In European And Global Governance Democracy Rights The Rule Of Law
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Author : Anneli Albi
language : en
Publisher: Springer
Release Date : 2019-05-29
National Constitutions In European And Global Governance Democracy Rights The Rule Of Law written by Anneli Albi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-29 with Law categories.
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Contemporary Challenges To Eu Legality
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Author : Claire Kilpatrick
language : en
Publisher: Oxford University Press
Release Date : 2021-04-29
Contemporary Challenges To Eu Legality written by Claire Kilpatrick and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-29 with Law categories.
This volume on the law of the European Union focuses on contemporary challenges to EU legality. Such challenges include actions or activities that cast doubt on, or sit uncomfortably with, the premises, principles, and norms that underpin the EU's legal order as proclaimed by the Treaties and the authoritative judgments of the European Court. These premises, principles, and norms range from the precisely formulated to the noticeably vague. The book develops a broader theoretical perspective as well as delving into a range of substantive areas including the Common Foreign and Security Policy, the EU's relationship with international law, migration, the sovereign debt crisis, and Brexit.
The Fragmented Landscape Of Fundamental Rights Protection In Europe
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Author : Lorenza Violini
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-10-26
The Fragmented Landscape Of Fundamental Rights Protection In Europe written by Lorenza Violini and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-26 with Law categories.
The composite nature of the EU constitutional legal framework, and the presence of different rights protection actors within the European landscape, presents a complex and fragmented framework, still in search of a coherent structure. This discerning book provides a comprehensive perspective on fundamental rights protection in Europe, with engaging contributions considering not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies.
Eu Criminal Law
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Author : Valsamis Mitsilegas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-03-16
Eu Criminal Law written by Valsamis Mitsilegas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-16 with Law categories.
EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.
The European Union As An Area Of Freedom Security And Justice
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Author : Maria Fletcher
language : en
Publisher: Routledge
Release Date : 2016-11-25
The European Union As An Area Of Freedom Security And Justice written by Maria Fletcher and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-25 with Law categories.
This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.