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National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
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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The Principleof Non-refoulement and the Concept of SafeCountries
 Brychtová, Karolína ; Honusková, Věra (advisor) ; Flídrová, Eliška (referee)
This thesis deals with the safe country concept; within which we can further distingiush two concepts - the one of a safe country of origin and that of a safe third country. When applying the safe country concept, states are limited by their obligations which stem from international law, in particular by the principle of non-refoulement. Furthermore, the concept of safe countries cannot be analyzed nor applied without taking the non-refoulement principle into consideration. The non-refoulement principle is therfore one of the main topics of this thesis. It is viewed primarily trough the lens of the definition given by the Geneva Convention Relating to the Status of Refugees of 1951 and the New York Protocol Relating to the Status of Refugees of 1967. The goal of this thesis is to determine, whether the concept of safe countries is indeed in accordance with the non-refoulement principle. We will subsequently try to answer the question of how influential the principle is (and should be) in terms of states that follow the concept of safe countries. The main concern of this thesis is the application of the safe country concept in Europe, or more precisely in the European Union. The european safe country legislation belongs to the so-called Common European Asyulm System. The centrepiece of this legal...
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