The EU framework decision on the European arrest warrant: An overview from the perspective of international criminal law

ERA Forum ◽  
2002 ◽  
Vol 3 (3) ◽  
pp. 144-147 ◽  
Author(s):  
Bill Glmore
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Arrest Warrant ◽  
Framework Decision ◽  
European Arrest Warrant ◽  
The Eu

Implementation of European Arrest Warrant in Croatia: A Risk for the Functioning of Judicial Cooperation in Criminal Matters in the eu?

2015 ◽  
Vol 23 (3) ◽  
pp. 258-280 ◽  
Author(s):  
Tomislav Sokol
Keyword(s):  
Public Attention ◽  
Judicial Cooperation ◽  
Member States ◽  
Arrest Warrant ◽  
Legal Principles ◽  
Framework Decision ◽  
European Arrest Warrant ◽  
Definition Of ◽  
Criminal Matters ◽  
The Eu

Croatian accession to the eu included the implementation of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States. The way Croatia implemented the eaw Framework Decision, however, has resulted in controversies and public attention, both in Croatia and other Member States, revealing many problems within the system of judicial cooperation in criminal matters within the eu. The aim of the paper is to investigate the implementation of the eaw Framework Decision within Croatia; to determine whether the manner in which the said Member State has carried out the implementation has highlighted a risk for the functioning of judicial cooperation in criminal matters within the eu; and which legal measures should be used in order to prevent disintegration of the cooperation from happening. Several legal measures are proposed, both on the national and the European level, to prevent the risk of further undermining the system of judicial cooperation within the eu. These measures are presented within the context of several overarching legal principles like (providing clearer definition of the notion of) non-verification of double criminality and protection of legal interests of the Member States issuing the European Arrest Warrant.

Towards a European Economic Criminal Law of Human Rights

2021 ◽  
Vol 11 (1) ◽  
pp. 6-35
Author(s):  
Adán Nieto
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Multinational Enterprises ◽  
International Criminal ◽  
Multinational Companies ◽  
Financial Information ◽  
International Criminal Law ◽  
Due Diligence ◽  
Protection Of Human Rights ◽  
The Eu

The work proposes the emergence of a new sector within economic criminal law whose objective would be the protection of human rights and the sanctioning of multinational companies. This new sector should be promoted by the EU, which in recent years and from various sources, has been enacting a set of directives and regulations that affect this area. The economic criminal law of human rights would complement the possibilities already offered by international criminal law to sanction these conducts. The basis of the new incriminations found in this work connects with the obligations to establish compliance measures (due diligence) that have been established in the United Nations Guiding Principles for Multinational Enterprises and also with the new duties of transparency linked to non-financial information.

The “Struggle” to Dissolve the Kosovo Specialist Chambers in The Hague: Stuck between Constitutional Text and Mission to Pursue Justice

2021 ◽  
Vol 20 (3) ◽  
pp. 548-575
Author(s):  
Avni Puka ◽  
Fisnik Korenica
Keyword(s):  
European Union ◽  
Criminal Law ◽  
International Criminal ◽  
Fundamental Rights ◽  
International Criminal Law ◽  
The European Union ◽  
The Hague ◽  
The Republic ◽  
The Eu

Abstract The Kosovo Specialist Chambers (KSC) manifest the first effort of the European Union to participate in an international criminal law project by running a hybrid criminal tribunal, vested with jurisdiction to investigate the Parliamentary Assembly of the Council of Europe’s Marty Report. The KSC is entrusted with a mandate originating in a number of legal instruments. A “termination clause” is also present in the Constitution of the Republic of Kosovo. The Specialist Constitutional Chamber has recently ruled on an amendment discreetly activating the termination of the KSC. The Chamber’s decision outlawing “the amendment” manifests an attempt to reinforce the constitutive nature of the EU’s proprietorship over the KSC, attaching to it an international personality detached from that of Kosovo. The decision contends that the “power to dissolve” the KSC is basically vested with the EU, and Kosovo’s internal law cannot affect that relationship unilaterally. The article argues that the strong adherence of the Chamber’s decision on fundamental rights is an attempt to expose the victim-rights-centered mission of the KSC, clearly leaning towards a legitimacy rather than a legalistic exercise. The article concludes that the decision will have ample effect on the EU’s responsibility over the KSC, the nature of the “power to dissolve”, and the KSC’s mission in the European fundamental rights landscape in general.

scholarly journals Letter of Rights for Persons Arrested on the Basis of a European Arrest Warrant: A Novelty Under the Directive 2012/13/Eu

2013 ◽  
Vol 13 (1) ◽  
pp. 163-170 ◽  
Author(s):  
Libor Klimek
Keyword(s):  
Member State ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
Arrest Warrant ◽  
Framework Decision ◽  
Fundamental Knowledge ◽  
European Arrest Warrant ◽  
Right To Information ◽  
The Right ◽  
The Eu

Abstract The paper deals with a Letter of rights for persons arrested on the basis of a European arrest warrant, a novelty introduced by the Directive 2012/13/ EU on the right to information in criminal proceedings. The Directive stipulates that Member States of the EU shall ensure that persons who are arrested for the purpose of the execution of an European arrest warrant are provided promptly with appropriate Letter of rights containing information on their rights according to the law implementing the Framework Decision 2002/584/JHA on the European arrest warrant in the executing Member State. The paper is divided into three sections. First section presents fundamental knowledge on starting points of the letter of rights. Further, second section analyses its legal basis, i.e. Directive 2012/13/EU. The last third section introduces an indicative model of letter of rights.

International Terrorism: The Changing Face of International Extradition and European Criminal Law

2003 ◽  
Vol 10 (2) ◽  
pp. 149-167
Author(s):  
Geert-Jan A. Knoops
Keyword(s):  
Criminal Law ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Law ◽  
International Terrorism ◽  
District Court ◽  
New Era ◽  
European Arrest Warrant ◽  
September 11 Attacks ◽  
Definition Of

From 1996 onwards the international legal community has been trying to establish a general anti-terrorism treaty. Despite several attempts to reach agreement on such a general treaty within the framework of an ad hoc commission of the General Assembly of the UN, this goal has never been fulfilled, due to a lack of consensus on the definition of the concept of terrorism. For the very same reason, the offence of terrorism has not been incorporated in the ICC Statute. This raises the question of the extent to which international criminal law is sufficiently equipped to combat international terrorism, particularly considering the effects of the September 11 attacks on national and international criminal law, as well as the fact that an International Extradition Convention with respect to International Terrorism is still lacking. The additional need for such a uniform treaty recently became apparent following the terrorist attacks in Bali and Mombasa (Kenya). At the same time, the EU, with the advent of the European Arrest Warrant (EAW), is entering a new era with regard to combating terrorism. The purpose of this development is in principle to abolish the present extradition formalities and obstacles. However, the recent decision of 10 December 2002, issued by the Extradition Chamber of the District Court in Amsterdam, which rejected an extradition request concerning a person suspected of being a member of the Turkish PKK, an organization prohibited in Turkey, also emphasizes the importance of the ‘Rule of Law’ in the area of suppressing terrorism on both the global and European level.

scholarly journals The principle of ne bis in idem in the context of European arrest warrant: A view of the jurisprudence of the European Court of Justice

2021 ◽  
Vol 11 (1) ◽  
pp. 149-170
Author(s):  
Boris Tučić
Keyword(s):  
European Court Of Justice ◽  
Eu Law ◽  
Member States ◽  
Arrest Warrant ◽  
Framework Decision ◽  
Court Of Justice ◽  
European Court ◽  
Ne Bis In Idem ◽  
European Arrest Warrant ◽  
The Eu

In this paper, we analyze the most significant ruligs of the Court of Justice of the Europian Union regarding the interpretation of the provisions of the Framework decision on the European arrest warrant which established the principle of ne bis in idem as one of the grounds for both mandatory and optional non-execution of the extradition request issued to the judicial authority of the executing Member State. Although the European arrest warrant is one of the most important mechanisms of cooperation in criminal matters between Member States, the provisions of the Framework decision that established the European arrest warrant as part of the EU law do not define precisely enough some of the key aspects of its implementation, leaving plenty of space for different interpretations and actions of national authorities, which in turn contributes to legal uncertainty and unequal application of the EU law within Member States. In this context, the European Court of Justice made some of the key points in the 2010 Mantello case and 2018 AY case, and primarily focused on issues related to the ''same act'' category as one of the key criteria for applying the ne bis in idem principle in transnational context. The inductive-deductive method and content analysis were used in the analysis of the cases mentioned above.

Lessons of the European Arrest Warrant for Domestic Implementation of the Obligation to Surrender Nationals to the International Criminal Court

2007 ◽  
Vol 20 (1) ◽  
pp. 167-191 ◽  
Author(s):  
ZSUZSANNA DEEN-RACSMÁNY
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Similar Solution ◽  
Arrest Warrant ◽  
European Arrest Warrant ◽  
Semantic Distinction ◽  
The Eu

To help states parties circumvent domestic prohibitions on, inter alia, the extradition of nationals, the ICC Statute formally distinguishes ‘surrender’ of individuals to the Court from interstate ‘extradition’. The European Arrest Warrant contains a similar solution. As (successful) constitutional challenges by nationals to be surrendered under a European arrest warrant indicate, such a (semantic) distinction may not suffice. Despite considerable differences between surrender within the EU and to the ICC, these cases offer useful guidance to domestic legislatures occupied with implementing obligations arising under the ICC Statute so that they can ensure that ICC requests concerning the surrender of nationals can be honoured.

scholarly journals The Right to Silence in the EU Directive 2016/343 on the Strengthening of Certain Aspects of the Presumption of Innocence from the Perspective of Polish Criminal Proceedings

2020 ◽  
Vol 41 (2) ◽  
pp. 55-80
Author(s):  
Andrzej Sakowicz
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Core Component ◽  
Eu Directive ◽  
Right To Silence ◽  
The Right ◽  
The Eu

The right to remain silent is one of the most fundamental principles of domestic and international criminal law. It’s is also closely related to the presumption of innocence. As the responsibility is placed on the prosecution to prove the guilt of a person it follows that the accused should not be forced to assist the prosecution by being forced to speak. The right to remain silent expresses the individual’s right not to be compelled to testify against himself or to confess guilt. Its core component is the freedom to choose whether or not  to give answers to individual questions or to provide explanations. To use against the suspected silence under police questioning and his refusal to testify during trial amounted to subverting the presumption of innocence and the onus of proof resulting from that presumption: it is for the prosecution to prove the accused’s guilt without any assistance from the latter being required. This article has to objectives. Firstly, to interpret the right to remain silent in the light to of the Directive 2016/343 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceeding. Secondly, the  Directive 2016/343 can be used as reference to evaluate a degree to which Polish legal solutions conform to the Directive in question, giving rise to several postulates  in  that  matter. The analysis will also include shortages and problems resulting from imperfect Polish criminal process in that field.

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