Wpływ Brexitu na współpracę sądową w sprawach karnych w Unii Europejskiej

2020 ◽  
pp. 35-56
Author(s):  
Anastazja Gajda
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Mutual Recognition ◽  
The European Union ◽  
Judicial Cooperation ◽  
Arrest Warrant ◽  
Unique Position ◽  
The United Kingdom ◽  
European Arrest Warrant ◽  
Criminal Matters

The withdrawal of the United Kingdom from the European Union is one of the main challenges for the continued functioning of the European judicial area in criminal matters. In this article, special attention will be paid to selected aspects of ensuring further judicial cooperation in criminal matters after Brexit. This primarily concerns the possibility of further participation of the United Kingdom in specific organs supporting this cooperation (Eurojust and Europol) and the the application of legal instruments implementing the principle of mutual recognition of judgments, with reference to the flagship legal instrument, i.e. the European arrest warrant. It also presents a unique position of the United Kingdom in the Area of Freedom Security and Justice EU, which that state is guaranteed under the provisions of Treaties.

‘Surrendering’ the Fugitive—The European Arrest Warrant and the United Kingdom

2007 ◽  
Vol 71 (4) ◽  
pp. 362-381 ◽  
Author(s):  
Mark Mackarel
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
The European Union ◽  
Arrest Warrant ◽  
The United Kingdom ◽  
House Of Lords ◽  
European Arrest Warrant ◽  
The Uk ◽  
Criminal Matters ◽  
The Eu

This article explains how the European Arrest Warrant forms part of the response to the modern needs of the European Union in dealing with transnational crime and considers the experience of the UK in implementing and using the warrant. The warrant is the first manifestation of the EU policy of mutual recognition in relation to cooperation in criminal matters and in questioning how effectively the UK has put the warrant into operation under the Extradition Act 2003, the article compares the analyses of the European Commission, Eurojust and the House of Lords. Finally, the approach to interpretation taken by the courts to cases coming before them concerning the warrant under the 2003 Act is examined.

scholarly journals THE FUTURE OF EUROPEAN ARREST WARRANT IN LIGHT OF DECISION THE EUROPEAN COURT OF JUSTICE IN THE CASE ARANYOSI AND CALDARARU

TEME ◽  
2019 ◽  
pp. 631
Author(s):  
Aleksandar Mićo Bošković ◽  
Tomislav Trajković ◽  
Gordana Nikolić
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
European Court Of Justice ◽  
The European Union ◽  
Judicial Cooperation ◽  
Dominant Form ◽  
Arrest Warrant ◽  
Court Of Justice ◽  
European Court ◽  
European Arrest Warrant

For a long time, extradition has been a dominant form of international mutual legal assistance, but in many cases it has proven to be an insufficiently efficient instrument. Having that in mind, on the territory of the European Union, a European arrest warrant has been established as an institute that should contribute to the effectiveness of combating modern crime and facilitate the surrender of persons between member states in order to effectively prevent the escape of suspects or convicted persons. Regarding this, the Article will first give a brief overview of the Council of the European Union Framework Decision, which regulates the European arrest warrant, and will analyze it in order to define the strengths and weaknesses of the task itself. The subject of research in this article is primarily devoted to the analysis of the judgment of the European Court of Justice in the “Aranyosi and Caldararu” case. With this verdict, the European Court of Justice, derogates some of the key principles that order is based on and special attention is devoted to the devaluation of the principles of mutual trust and the principles of mutual recognition of judicial decisions among EU states, which the Council of the European Union considers as the cornerstone of judicial cooperation.

scholarly journals The Right to Liberty in European Union Law and Mutual Recognition in Criminal Matters

2016 ◽  
Vol 18 ◽  
pp. 215-238 ◽  
Author(s):  
Leandro MANCANO
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Judicial Cooperation ◽  
European Arrest Warrant ◽  
Current Content ◽  
The Right ◽  
Criminal Matters

AbstractThis article analyses the interaction between the application of mutual recognition in criminal matters and the right to liberty. The main argument is that the current content of the right to liberty in EU law is unsuitable for mutual recognition procedures. As for the structure of this article, firstly, the main features of mutual recognition as a method of inter-state cooperation in criminal matters are outlined. Secondly, the approach of the European Union (especially the Court of Justice) to the right to liberty is clarified. Thirdly, four mutual recognition instruments are analysed in light of the right to liberty: namely, the Framework Decisions on the European Arrest Warrant; the Transfer of Prisoners; the Probation Measures; and the European Supervision Order (ESO). The assessment confirms that the higher level of automaticity in judicial cooperation introduced by mutual recognition requires a rethink of the existing understanding of the right to liberty in EU law.

scholarly journals Mutual recognition in criminal matters, deprivation of liberty and the principle of proportionality

2018 ◽  
Vol 25 (6) ◽  
pp. 718-732
Author(s):  
Leandro Mancano
Keyword(s):  
Mutual Recognition ◽  
Eu Law ◽  
The European Union ◽  
Judicial Cooperation ◽  
European Arrest Warrant ◽  
Principle Of Proportionality ◽  
The One ◽  
The Right ◽  
Criminal Matters ◽  
The Eu

This paper argues that the application of mutual recognition to judicial cooperation in criminal matters within the European Union (EU) imposes a redefinition of the right to liberty to adjust the latter to the peculiarities of the Union legal order. The article emphasizes the important role that the principle of proportionality in EU law can have for improving the protection of the right to liberty. The two main scenarios of this research are analysed against the different understandings of proportionality: on the one hand, the European Arrest Warrant Framework Decision and the interpretation of the EU Court of Justice; on the other, the three Framework Decisions on transfer of prisoners, probation measures and pre trial measures alternative to detention. The conclusions reveal that, despite the increasing attention paid to proportionality in relation to the right to liberty in mutual recognition, the potential offered by EU law to better protect the right to liberty is still underexploited.

scholarly journals Towards the end of mutual trust? Prison conditions in the context of the European Arrest Warrant and the transfer of prisoners framework decisions

2018 ◽  
Vol 25 (6) ◽  
pp. 704-717 ◽  
Author(s):  
TP Marguery
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
Fundamental Rights ◽  
Mutual Trust ◽  
The European Union ◽  
Judicial Cooperation ◽  
Social Functions ◽  
Member States ◽  
Legal Fiction ◽  
European Arrest Warrant

This article contends that the presumption of mutual trust between the European Union Member States is a legal fiction. In the context of transfer of a custodial sentence from one country to another based on mutual recognition and mutual trust, a failure of the latter can have detrimental effects on judicial cooperation and, especially, on the functions of punishment. In particular, mutual recognition and mutual trust create a bridge between the external limits of punishment (fundamental rights) and the internal limits to the functions of punishment (retribution, deterrence and rehabilitation). The non-compliance with individuals’ fundamental rights undermines the very social functions of punishment. Such a failure can only be prevented if the Member States and the European Union endeavour to establish and maintain a truly integrated penal policy with concerns for individuals at its very core.

scholarly journals The Perils of the ‘Europeanisation’ of Extradition Procedures in the EU Mutuality, Fundamental Rights and Constitutional Guarantees

2007 ◽  
Vol 14 (2) ◽  
pp. 179-200
Author(s):  
Theodore Konstadinides
Keyword(s):  
Mutual Recognition ◽  
Civil Liberties ◽  
Fundamental Rights ◽  
The European Union ◽  
Constitutional Treaty ◽  
Judicial Cooperation ◽  
Current Application ◽  
Arrest Warrant ◽  
European Arrest Warrant ◽  
The Eu

This article focuses on the main problems regarding the current application of EU extradition procedures in relation to the area of judicial cooperation in criminal matters. It introduces the ‘Europeanisation’ of extradition procedures through a discussion based on the continuity of the principle of mutual recognition from the EC Treaties to the EU Constitutional Treaty. The latest manifestation of this continuity is the introduction of the European Arrest Warrant (adopted on 13 June 2002) that is aimed at simplifying the extradition procedures for suspected criminals within the territory of the European Union by creating a positive list of criminal areas. The author discusses the innovations introduced by the Framework Decision on the European Arrest Warrant (abolition of the test of dual criminality) and then focuses on two main problem areas based on the reaction of certain Member States: i) the compatibility with constitutional guarantees, where the author focuses on the eagerness of the national courts to contest the constitutionality of the EU Arrest Warrant implementation laws for authorising the extradition of their own nationals; ii) the compatibility with Human Rights, where the author argues that the principle of mutual recognition is not adequate for adjudicating interstate criminal cases when it operates in isolation. The article then focuses upon the balance between procedural efficiency and civil liberties and proposes certain procedural and institutional checks that would assist in moving from the current embryonic stage of EU criminal law to its adolescence.

scholarly journals The Impact on National Sovereignty of Mutual Recognition in the AFSJ. Case-Study of the European Arrest Warrant

2021 ◽  
Vol 22 (1) ◽  
pp. 45-64
Author(s):  
Suzanne Andrea Bloks ◽  
Ton van den Brink
Keyword(s):  
Mutual Recognition ◽  
Fundamental Rights ◽  
Mutual Trust ◽  
The European Union ◽  
Judicial Cooperation ◽  
National Sovereignty ◽  
Arrest Warrant ◽  
European Arrest Warrant ◽  
Dynamic Perspective ◽  
The Impact

AbstractNational sovereignty has been the key consideration for basing judicial cooperation in the European Union on mutual recognition. More than one decade after the creation of the Area of Freedom Security and Justice (AFSJ), this contribution assesses whether mutual recognition-based EU legislation in civil and criminal law indeed respects national sovereignty. To this end, it studies the Framework decision on the European Arrest Warrant (EAW), the EU’s flagship instrument in the AFSJ. We distinguish two elements of national sovereignty: (a) the protection of the State and its basic structures (its statehood); (b) the State’s values, principles and fundamental rights (its statehood principles), and assess the EAW from a dynamic perspective: from its initial inception, in which mutual trust primarily implied little interferences with the laws and practices of issuing states, to the current state of affairs which is marked by what could be called a ‘mutual trust supported by harmonization’- approach. Especially in the judge-driven harmonization of the EAW and the dialogue between judicial authorities we witness important (and oftentimes overlooked) elements that impact national sovereignty. At the end, the findings of the article are put in the context of the current rule of law crisis in the EU.

scholarly journals Is mutual recognition a viable general path for cooperation?

2019 ◽  
Vol 10 (1) ◽  
pp. 44-56 ◽  
Author(s):  
Helmut Satzger
Keyword(s):  
European Union ◽  
European Integration ◽  
Mutual Recognition ◽  
The European Union ◽  
Judicial Cooperation ◽  
The Law ◽  
Ordre Public ◽  
Criminal Matters ◽  
Judicial Assistance ◽  
The Eu

In 1999, mutual recognition was declared to be the cornerstone of judicial cooperation not only, but also in criminal matters within the European Union (EU). Often this method seems to be regarded as a result of the close European integration and thus an invention of the EU. This article tries to show that even in traditional judicial assistance cases a similar trend could be witnessed and that mutual recognition is also applied – to a more or less intensive degree – in other regions and also in other areas of the law. In the author’s view, mutual recognition is a dynamic concept; its potential degree of realization depends on a number of contextual preconditions. As a result of the comparative view, he maintains that an ‘ordre public-proviso’ is a necessary ‘outlet’ and not at all outdated, especially in the context of judicial cooperation in criminal matters in the EU.

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