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Dual criminality test under the European arrest warrant within the context of prosecuting the Catalan politicians.
Khinová, Gabriela ; Tomášek, Michal (advisor) ; Gřivna, Tomáš (referee)
The thesis deals with the issue of dual criminality test under the European arrest warrant. The aim of the thesis is to analyze the way of applying the dual criminality test between the Member States of the European Union while surrendering persons. It focuses on the European arrest warrants issued against Catalan politicians in relation to the Catalan referendum regarding the independence from the Kingdom of Spain and the subsequent decisions of the Belgian and German courts. The thesis is divided into seven parts. The first part introduces the dual criminality test, including the methods of interpretation or its problematic aspects. The second part summarizes the long-standing genesis of judicial cooperation in criminal matters at the European level, leading to the adoption of the European arrest warrant, which will enable a better understanding of the continuing will to apply the dual criminality test. The provisions of the European arrest warrant are discussed in the following part. The case law of the Court of Justice of the European Union concerning the dual criminality test is introduced as well. As the thesis is set in the context of the Catalan crisis, the fourth part highlights the key moments, adopted legal acts and the acts of the main protagonists of the case, which not only led to the...

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