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European Arrest Warrant in the Light of Principle of Mutual Trust and Protection of Fundamental Rights
Martínková, Adéla ; Scheu, Harald Christian (advisor) ; Navrátil, Petr (referee)
European Arrest Warrant in the Light of Principle of Mutual Trust and Protection of Fundamental Rights Abstract European arrest warrant (EAW) is one of key instruments of mutual recognition in criminal matters. Essential elements of its fonctioning differentiate it from a traditional system of extradition and allow the system of EAW to be simpler and more efficient. EAW owns its efficiency to principle of mutual trust, which lays at its core. However, mutual trust cannot be blind and one of its limits is protection of fundamental rights. This thesis aims to find answers for questions: what are the fonctions of both principles within EAW, how are they balanced and what development has taken place so far in this matter. In order to do so, attention is brought first to the development of cooperation in criminal matters. Second chapter focuses on principle of mutual trust, which is essential for mutual recognition and EAW, but lacks a clear definition within EU law. Following chapter introduces protection of fundamental rights in EU and shows how it affects level of mutual trust between states. In the case of EAW, lack of protection of fundamental rights causes for states to be less willing to surrender a person to other member states. Level of fundamental rights protection affects the level of mutual trust and...
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European arrest warrant
Havlová, Helena ; Herczeg, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
The reason of this work is to unify the knowledges about European arrest warrant into international judicial cooperation in criminal matters, to show the differences between process of classic extradition and extradition on the grounds of European arrest warrant and to demonstrate an implementation of the Council framework decision on European arrest warrant and the surrender procedures 2002/584/JVV into the Czech Republic legal order and some other European Union member states.The work is composed of four chapters. Chapter one describes the history of the institute of international judicial cooperation in criminal matters and the grounds of the idea of European arrest warrant.Chapter two defines the term extradition, explains its main principles and compares the process of classic extradition and extradition on the grounds of Europaen arrest warrant.In chapter three is analysed the Council framework decision 2002/584/JVV,its principles, its relation to international treaties dealing with judicial cooperation in criminal matters (especially the European convention on extradition) and the implementation of this framework decision into the Czech Republic legal order and legal orders some other European Union member states. In this chapter is also illustated the decision of the Czech Republic Constitution...
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European Arrest Warrant
Bicanová, Jitka ; Jelínek, Jiří (advisor) ; Sváček, Jan (referee) ; Záhora, Jozef (referee)
European Arrest Warrant is an institute of the police and judicial cooperation in the criminal matters. Based is on the mutual confidence of Member States in its legal systems. His formation was caused not only by the failed ratification of the international agreements governing extradition, but also by the terrorist attacks occurred on 11 September 2001 in New York. European Arrest Warrant meant the breakthrough into the national traditional sovereignty of Member States and that all to ensure the area of freedom, safety and justice inside Europe. Formation of the European Arrest Warrant led to the restriction of some principles, which dominated to the extradition, when between the most important ones belongs the principle of surrender of own citizens. European Arrest Warrant is the necessary means and tool of police and judicial bodies in the fight against the national and multinational crime, whose use rises year from year.
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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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European arrest warrant
Bratský, Petr ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
Resumé The European Arrest Warrant The aim of my diploma thesis is to analyze the Framework Decision of 13 of June on the European Arrest Warrant and the surrender procedures between Member States (2002/584/JHA), next as "FWD", and how it has contributed to the creation of new simplified and more effective system of extradition of criminals among the Member States of the European Union. The historical development of international judicial cooperation in criminal matters and the extradition procedure will be discussed first in order to understand the need for a new solution for handling with the new forms of organised cross boarder crime in the European Union that were brought by the introduction of the principle of free movement of persons and the abolition of boarder checks after the Schengen Agreement. This will lead us to the critical analysis of fundamental principles on which the European Arrest warrant is based, its practical application by the judicial authorities in different Member States and core problematic issues that the daily practise of surrender procedure is nowadays facing. The possible solutions for such questions will be presented, not only on the state but also on the Union level. A part of my research is also devoted to the transposition of the FWD into the Czech legal order and...
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European Arrest Warrant
Bicanová, Jitka ; Jelínek, Jiří (advisor) ; Sváček, Jan (referee) ; Záhora, Jozef (referee)
European Arrest Warrant is an institute of the police and judicial cooperation in the criminal matters. Based is on the mutual confidence of Member States in its legal systems. His formation was caused not only by the failed ratification of the international agreements governing extradition, but also by the terrorist attacks occurred on 11 September 2001 in New York. European Arrest Warrant meant the breakthrough into the national traditional sovereignty of Member States and that all to ensure the area of freedom, safety and justice inside Europe. Formation of the European Arrest Warrant led to the restriction of some principles, which dominated to the extradition, when between the most important ones belongs the principle of surrender of own citizens. European Arrest Warrant is the necessary means and tool of police and judicial bodies in the fight against the national and multinational crime, whose use rises year from year.
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European arrest warrant
Havlová, Helena ; Herczeg, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
The reason of this work is to unify the knowledges about European arrest warrant into international judicial cooperation in criminal matters, to show the differences between process of classic extradition and extradition on the grounds of European arrest warrant and to demonstrate an implementation of the Council framework decision on European arrest warrant and the surrender procedures 2002/584/JVV into the Czech Republic legal order and some other European Union member states.The work is composed of four chapters. Chapter one describes the history of the institute of international judicial cooperation in criminal matters and the grounds of the idea of European arrest warrant.Chapter two defines the term extradition, explains its main principles and compares the process of classic extradition and extradition on the grounds of Europaen arrest warrant.In chapter three is analysed the Council framework decision 2002/584/JVV,its principles, its relation to international treaties dealing with judicial cooperation in criminal matters (especially the European convention on extradition) and the implementation of this framework decision into the Czech Republic legal order and legal orders some other European Union member states. In this chapter is also illustated the decision of the Czech Republic Constitution...
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European arrest warrant
Marunová, Eva ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
Unstoppable development in every area of life which brings an innovative methods, implements and forms has been an inherent part of the evolution of society for a long time now. Accordingly, the field of international judicial cooperation in criminal matters with phased pressure on the integrating procedures within the framework of the European Union, with the development of international relations between the Member States, and with increased rate of criminal activity exceeding the implementation of free movement of persons within the European Union has been made to reflect introduction of new mechanisms. The main task of such mechanisms is repressing organised crime and cross-border criminal activities, and also protection of fundamental rights of individuals who are suspected of commiting an offence. One of these mechanisms is the European arrest warrant, relatively new legal instrument to which is my diploma work devoted to. This instrument of criminal law based on the principle of mutual recognitions in criminal matters represents not just a symbol of mutual confidence for the Member States reflecting in their systems of criminal justice, but also some achievement of philosophical purpose in integrating aspects or rather ambitions in the field of judicial cooperation in criminal matters. It is...
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The European Arrest Warrant and its implementation in the Czech Republic
Cibulková, Kristýna ; Novotná, Markéta (advisor) ; Druláková, Radka (referee)
The thesis deals with the European Arrest Warrant and its implementation in the Czech Republic. First of all, it offers comparison of differences between the European Arrest Warrant as the European Union solution and the extradition as the international public law solution. Then, it analyzes the implementation process of the European Arrest Warrant into Czech legal system, including the decision of the Constitutional Court of the Czech Republic on this case. Finally, the thesis analyzes data taken from questionnaires created by the European Union to find out how the practical application of the European Arrest Warrant is carried out in each member state.
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Legal Regulation of Extradition
Krečová, Ivana ; Grmelová, Nicole (advisor) ; Levý, Jan (referee)
The aim of this bachelor thesis is beside legal definition of extradition also to answer a question, whether the replacement of classic extradition within the European Union by European Arrest Warrant was successful and what its tendency is since the implementation. The thesis also deals with a change of the role of Eurojust which was brought by the Lisbon Treaty. In the theoretical part the thesis focuses on historical development of extradition within the international judicial cooperation, explanation of basic terms and legal regulation of extradition. Development of extradition within the European Union is also described there and so is the comparison of extradition to European Arrest Warrant. The practical part is then dedicated to analysis of particular court decisions as an example how extradition and European Arrest Warrant work in practice.
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