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Europeanisation of Criminal Law: European Union and Criminal Law
Pevná, Eva ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
1 Abstract - Europeanisation of Criminal Law The Europeanization of criminal law is a convergent process of national criminal orders. This paper focus on a progress made within the political hybrid - the European Union that had no competences in this field in the beginning. Firstly, I present the evolution of the primary law up to the present situation. Next there is an overview of the EU Agencies. The core of this work is to present the newest changes set up by Lisbon Treaty and Stockholm Programme and to chart the evolution of the cooperation that I try to evaluate in the conclusion. The Criminal Law represents a highly particular area of the international cooperation because this legal subject is considered to be one of the most basic elements of the state sovereignty. Thus, any external intervention to the national criminal law presents a hit to the state sovereignty. Another obstacle to the international cooperation in the criminal affairs is the diversity of national criminal orders. Besides, this diversity is believed to be an expression of national peculiarities and any attempt to unify anything in this area is considered to be an effort to repress national differences. We can not deny the symbolic value of the national codifications. Anyway, the biggest problem to the international cooperation is...
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Europeanisation of Criminal Law: European Union and Criminal Law
Pevná, Eva ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
1 Abstract - Europeanisation of Criminal Law The Europeanization of criminal law is a convergent process of national criminal orders. This paper focus on a progress made within the political hybrid - the European Union that had no competences in this field in the beginning. Firstly, I present the evolution of the primary law up to the present situation. Next there is an overview of the EU Agencies. The core of this work is to present the newest changes set up by Lisbon Treaty and Stockholm Programme and to chart the evolution of the cooperation that I try to evaluate in the conclusion. The Criminal Law represents a highly particular area of the international cooperation because this legal subject is considered to be one of the most basic elements of the state sovereignty. Thus, any external intervention to the national criminal law presents a hit to the state sovereignty. Another obstacle to the international cooperation in the criminal affairs is the diversity of national criminal orders. Besides, this diversity is believed to be an expression of national peculiarities and any attempt to unify anything in this area is considered to be an effort to repress national differences. We can not deny the symbolic value of the national codifications. Anyway, the biggest problem to the international cooperation is...
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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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