scholarly journals The Curious Case of Carles Puigdemont—The European Arrest Warrant as an Inadequate Means with Regard to Political Offenses

2021 ◽  
Vol 22 (2) ◽  
pp. 256-275
Author(s):  
Julia König ◽  
Paulina Meichelbeck ◽  
Miriam Puchta
Keyword(s):  
Criminal Law ◽  
The Political ◽  
Mutual Trust ◽  
Arrest Warrant ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Political Conflicts ◽  
European Arrest Warrant ◽  
Potential Benefits ◽  
Constitutional Identity

AbstractIn contrast to traditional extradition law, the political offense exemption has been abolished within the framework of the European Arrest Warrant (EAW). Notwithstanding its overall success, the EAW does not constitute an adequate instrument with regard to political offenses. In light of the recent case of the former Catalan President, Carles Puigdemont, the abolition has proven to be too hasty and the justificatory force behind the principles of mutual trust and recognition is, with respect hereto, rather limited. The damage caused to these principles by upholding the exemption would be negligible, given the small number of cases—Puigdemont being the first political offender requested under the aegis of the EAW. However, the potential benefits are substantial, given that the exemption provides for a higher level of human rights protection—analogous to the values of European Union (EU). Solely relying on the double criminality requirement in order to properly take into account the specificities of the Member States’ legal systems essentially positions the judges at the forefront of where mutual trust and constitutional identity collide. Moreover, the exemption prevents states from intervening in other states’ internal political conflicts, through the medium of criminal law.

scholarly journals HUMAN RIGHTS PROTECTION FOR INDONESIAN MIGRANT WORKERS: CHALLENGES FOR ASEAN

2017 ◽  
Vol 29 (1) ◽  
pp. 123
Author(s):  
Win Sherly Tan ◽  
Rina Shahriyani Shahrullah
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Research Method ◽  
Good News ◽  
The Political ◽  
Political Commitment ◽  
Legal Research ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Asean Countries

AbstractThe AEC is good news for Indonesian migrant workers wanting to work overseas. Unfortunately, many Indonesian migrant workers have been deported from ASEAN countries because of having problems. This study adopts the normative legal research method. It argues that AICHR may be slow in resolving the problems of human rights. It is also argued that the ASEAN Committee on Migrant Workers works in the absence of the political commitment of ASEAN leaders to implement the Cebu Declaration. Therefore, the best solution is public participation in the ASEAN countries to protect migrant workers.IntisariKomunitas Masyarakat Ekonomi ASEAN adalah berita baik untuk Tenaga Kerja Indonesia (TKI) untuk bekerja di luar negeri. Namun, banyak TKI yang kembali dari negara-negara ASEAN dikarenakan mendapatkan berbagai permasalahan. Penelitian ini mengadopsi jenis penelitian hukum normatif. Penelitian ini menyimpulkan bahwa AICHR lamban dalam menyelesaikan permaslahan tentang hak asasi manusia. Penelitian ini juga menyimpulkan bahwa komunitas ASEAN tentang Pekerja Migran bekerja dengan tidak adanya komitmen politik dari para pemimpim ASEAN dalam menerapkan Deklarasi Cebu. Oleh sebab itu, dibutuhkan partisipasi ASEAN dalam melindungi TKI.

scholarly journals PERLINDUNGAN HUKUM ATAS HAK POLITIK PEREMPUAN OLEH NEGARA

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Yosefina Daku
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
The Political ◽  
Political Rights ◽  
Political Field ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Law

As the law states, Indonesia  provide the protection of the rights for of all people without the discrimination. By the basis of the mandate of the Preamble to the Constitution of 1945 that "a just and civilized humanity," the Indonesian state guarantees of a society that is fair. Political rights granted by the country with regard to discrimination is legal protection by the state against women's political rights. By participating in the convention and recognized in the form of Law Number 7 Year of 1984 on Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, an attempt by the state to remove the problems in realizing the equality of women and men. Therefore  the  problem  that  can  formulated are: 1) how the legal protection of women's political rights in Indonesia? 2) how the implementation of Law Number 7 Year of 1984 on Ratification of the Convention on the Eliminationof All Forms of Discrimination Against Women Related Political Rights of Women?. The purpose of this study was to examine the legal protection by the state against the ful fillment of women's political rights in Indonesia and the implementation of protection of women's political rights pursuant of Law Number7 Year of 1984. This research is a normative law. The technique used in this research is to use the concept approach and statutory approach to reviewing the legislations and legal literatures. Rights protection as a form of justice for each person more specifically regulated in Law about Human Rights. Protection of the rights granted to women by the state including the protection of the political field regulated in some provisions of other legislation. By removing discrimination against women in it’s implementation still look at the culture and customs which is certainly not easy to do and the state is obliged to realize the objectives of the convention

Opting in and Opting Out: Doing the Hokey Cokey with EU Policing and Judicial Cooperation

2013 ◽  
Vol 77 (6) ◽  
pp. 543-561 ◽  
Author(s):  
Carole McCartney
Keyword(s):  
Criminal Law ◽  
Judicial Cooperation ◽  
Arrest Warrant ◽  
Eu Member States ◽  
Vehicle Registration ◽  
Opt Out ◽  
European Arrest Warrant ◽  
Uk Government ◽  
The Uk ◽  
Dna Profiles

Policing and judicial cooperation across international borders is now an expectation, and within the EU, is often mandated, but the desirability of criminal justice cooperation between EU Member States and the UK is now debated. This article examines recent UK political interventions in the field of EU criminal law. This has focused upon the so-called ‘block opt-out’ decision whereupon the UK government has to choose whether to ‘opt out’ en masse of all unamended policing and criminal law instruments entered into prior to the 2009 Lisbon Treaty (under Article 10(1) of Protocol 36). The article will look in particular at two EU instruments central to the ongoing and future development of EU policing and judicial cooperation: the European Arrest Warrant and the exchange of forensic DNA profiles, fingerprints and vehicle registration details under the Prüm Treaty. While the UK government is asserting (at the time of writing) that it is to opt back ‘in’ to the European Arrest Warrant, it is refraining from opting back in (so remaining ‘out’) of the Prüm Treaty. Examining the rationales for the use of the opt-out, and the decisions in respect of each of these instruments, the article will ask whether the choice to ‘opt out’ can be reconciled with the aspiration of securing an EU Area of Freedom, Security and Justice, and whether it is appropriate that the UK should be doing the ‘hokey cokey’ with EU policing and judicial cooperation.

Mutual Trust, Essence and Federalism – Between Consolidating and Fragmenting the Area of Freedom, Security and Justice after LM

2019 ◽  
Vol 15 (1) ◽  
pp. 17-47 ◽  
Author(s):  
Mattias Wendel
Keyword(s):  
Rule Of Law ◽  
Judicial Independence ◽  
Fair Trial ◽  
Fundamental Rights ◽  
Mutual Trust ◽  
Arrest Warrant ◽  
European Arrest Warrant ◽  
Eu Fundamental Rights

Mutual trust – Essence of EU fundamental rights – Values under Article 2 TEU – Intrinsic link between essence and values – Federalism – LM judgment – Rule of law crisis in Poland – Right to fair trial – Judicial independence – Fundamental right to an independent tribunal – Prohibition on transfers – Obligation to presume compliance with fundamental rights – Condition of ‘systemic deficiencies’ as a federal safeguard – Area of Freedom, Security and Justice – European Arrest Warrant – Dublin system

The EU’s Area of Freedom, Security and Justice: A Lack of Fundamental Rights, Mutual Trust and Democracy?

2009 ◽  
Vol 11 ◽  
pp. 53-85 ◽  
Author(s):  
Sionaidh Douglas-Scott
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Identity ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Arrest Warrant ◽  
Legal Accountability ◽  
To Come ◽  
Free Movement Of Persons ◽  
The Eu

AbstractThe EU’s ‘Area of Freedom, Security and Justice’ is a hugely important area covering criminal law, terrorism, immigration, visa control and civil justice, as well as the massive area of free movement of persons. What is clear, however, is that measures which fall within its scope have the capacity to alienate EU citizens rather than making them feel aware of their European identity in a positive sense. This chapter examines some of the measures taken by the EU in this broad field which cause particular concern, namely a lack of democratic and legal accountability as well as inadequate regard to human rights. It focuses in particular on two areas in which human rights protection in the EU has been undermined. The first is in the field of data protection. The second is in the field of suspects’ rights, particularly in the context of the European arrest warrant. The chapter concludes by considering why so many restrictions on freedom have been allowed to come about and suggests some possible solutions.

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