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Recognition and enforcement of decisions of Member States and forwarding decisions to other Member States
Přindiš, Petr ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Recognition and enforcement of decisions of Member States and forwarding decisions to other Member States ABSTRACT This thesis deals with international judicial cooperation in criminal matters, specifically the judicial cooperation of the Member States of the European Union. In the first chapter, it deals with the purpose and basis of legislation, historical development of European cooperation. It also describes the specific entities acting in the field of international judicial cooperation at European and national level, and also names the reasons why cooperation between Member States in criminal matters is necessary and sets out the European Parliament's intentions to further enhance the cooperation between Member States. The second chapter focuses on the mutual recognition and enforcement of decisions of another Member State imposing financial penalties, the legal basis of which is the Council Framework Decision 2005/214/JHA, which was implemented into the national law by Part Five, Chapter VI of Act No. 104. / 2013 Coll., On international judicial cooperation in criminal matters. Special attention is given to the grounds for non-recognition of decisions of other Member States; their further analysis points out individual application problems that lead or have led to non- recognition of such decisions in...
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Europeanisation of Criminal Law
Oravcová, Martina ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
Europeanisation of Criminal Law Summary Throught the use of common adaptation of the basic principles of criminal law in the european dimension there is a possibility to remove an opacity and inefficiency of individual national and international instruments of criminal law so far. This effort can be the best observed in the procedures of the European Community or European Union. It should all happen by harmonizing laws and strengthening cooperation between the European Union member states. Integration of criminal law is pointed to be done in three main directions. First, it affects substantive criminal law by harmonizing particular merits of criminal offences. Second, it already affected criminal procedure by achieving mutual recognition of judicial decisions. The third way of integration is the institutional framework for judicial cooperation in criminal matters, followed-up by institutions of criminal cooperation. Criminal law as a public law is closely related to the state sovereignty. This fact, even today, suspends the opportunity to create sort of unified system of transnational criminal law within the European Union. Moreover, the very concept of criminal law is not clearly established in European law as it is in Czech law. For example, it includes even different illegal dealings than regular...
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European Arrest Warrant in Theory and Practice
Sikorská, Eliška ; Grmelová, Nicole (advisor) ; Žák, Květoslav (referee)
The bachelor thesis deals with the European Arrest Warrant in theory and practice. In the theoretical part, the thesis is primarily focused on the legal regulation of the international judicial cooperation in criminal matters within the European Union, its development from a historical perspective and its current status. In the second part, the thesis deals with the practical performance of the European Arrest Warrant and with the related complications. The issue here is, that after ten years of the enforcement of the European Arrest Warrant, many doubts over its performance and subsequent impact on the fundamental rights of citizens have raised.
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The Effect of the Treaty of Lisbon Upon the Legal Order of the Czech Republic
Janíček, Marcel ; Žák, Květoslav (advisor) ; Grmelová, Nicole (referee)
This bachelor thesis deals with the effects of the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community in relation to the legal order of the Czech Republic. In the first half of the thesis I deal with question, whether is the Treaty of Lisbon conformable with constitutional order of the Czech Republic at all. To answer this question I analyze so - called lisbon decisions of the Constitutional Court of the Czech Republic and the decision of the Federal Constitutional Court of the German Republic. In second half of the thesis I deal with the problems of the judicial cooperation in criminal matters and judicial cooperation in civil matters.
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