7 results on '"international judicial cooperation in criminal matters"'
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2. Úřad evropského veřejného žalobce a mezinárodní justiční spolupráce ve věcech trestních
- Author
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Přemysl Polák
- Subjects
european public prosecutor’s office (eppo) ,international judicial cooperation in criminal matters ,criminal jurisdiction ,legal assistance ,surrender of a person ,extradition ,transfer of criminal proceedings ,Law - Abstract
This article explores the possible impact of the establishment of the European Public Prosecutor’s Office (EPPO) on international judicial cooperation in criminal matters. The starting point is the clarification that the EPPO is the authority that does not exercise the criminal jurisdiction of the EU, but the criminal jurisdictions of the EU member states bound by Regulation (EU) 2017/1939. It means that not only the relations between the EPPO and the criminal jurisdictions of the EU member states not bound by Regulation (EU) 2017/1939 and between the EPPO and the criminal jurisdictions of non-member states of the EU have the character of international judicial cooperation in criminal matters, but also the internal relations within the EPPO between the criminal jurisdictions exercised by the EPPO. Each of the three different areas of international judicial cooperation in criminal matters is then separately analysed and the analyses are followed by concluding remarks. While the international judicial cooperation in criminal matters between the EPPO and the EU member states not bound by Regulation (EU) 2017/1939 will probably at least remain on the current level of judicial cooperation between the EU member states, the international judicial cooperation in criminal matters between the EPPO and non-member states of the EU is at risk of worsening (compared to the current level of judicial cooperation between the EU member states and non-member states of the EU), depending on the willingness of non-member states of the EU to cooperate with the EPPO as a new actor on the stage. On the other hand, the international judicial cooperation between the EU member states bound by Regulation (EU) 2017/1939, i. e. within the EPPO, might be better than the current level of judicial cooperation between the EU member states, partly due to the provisions of Regulation (EU) 2017/1939 (although they are not too innovative) and partly due to the fact that higher level of willingness to cooperate is expected “under one roof” of the EPPO than between the authorities of various EU member states.
- Published
- 2019
- Full Text
- View/download PDF
3. Orden europea de detención y entrega y defensa del orden constitucional de los Estados miembros de la UE
- Author
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Rafael Arenas García
- Subjects
History ,Sociology and Political Science ,Orden europea de detención y entrega ,Extradición ,Confianza mutua ,International judicial cooperation in criminal matters ,European arrest warrant ,Cooperación penal internacional ,Mutual Trust ,Paz, justicia e instituciones sólidas [ODS 16] ,Extradition ,Philosophy ,Arts and Humanities (miscellaneous) ,Social Sciences (miscellaneous) - Abstract
Las órdenes europeas de detención y entrega emitidas por los tribunales españoles con relación a los implicados en el intento de derogación de la Constitución en Cataluña en el año 2017 han supuesto una prueba para el instrumento.En este trabajo se analizan las razones por las que en los distintos países que han conocido del caso (Bélgica, Alemania, Reino Unido e Italia) no han sido ejecutadas, mostrando de esta forma en qué errores han incurrido las autoridades de estos países y cómo influyen estos errores en el deterioro de la confianza mutua entre los Estados miembros de la UE The European arrest warrants issued by the Spanish courts in relation to those involved in the attempted repeal of the Constitution in Catalonia in 2017 have been a test for the instrument. This paper analyses the reasons why in the different countries in which there have been decisions about the case (Belgium, Germany, the United Kingdom and Italy) the arrest warrants have not been executed, thus showing what errors the authorities of these countries have made and how these errors influence the deterioration of mutual trust between the EU Member States.
- Published
- 2023
- Full Text
- View/download PDF
4. ÚŘAD EVROPSKÉHO VEŘEJNÉHO ŽALOBCE A MEZINÁRODNÍ JUSTIČNÍ SPOLUPRÁCE VE VĚCECH TRESTNÍCH.
- Author
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POLÁK, PŘEMYSL
- Subjects
CRIMINAL jurisdiction ,INTERNATIONAL cooperation ,PUBLIC prosecutors ,STATE regulation ,STAGE actors & actresses ,COOPERATION - Abstract
This article explores the possible impact of the establishment of the European Public Prosecutor's Office (EPPO) on international judicial cooperation in criminal matters. The starting point is the clarification that the EPPO is the authority that does not exercise the criminal jurisdiction of the EU, but the criminal jurisdictions of the EU member states bound by Regulation (EU) 2017/1939. It means that not only the relations between the EPPO and the criminal jurisdictions of the EU member states not bound by Regulation (EU) 2017/1939 and between the EPPO and the criminal jurisdictions of non-member states of the EU have the character of international judicial cooperation in criminal matters, but also the internal relations within the EPPO between the criminal jurisdictions exercised by the EPPO. Each of the three different areas of international judicial cooperation in criminal matters is then separately analysed and the analyses are followed by concluding remarks. While the international judicial cooperation in criminal matters between the EPPO and the EU member states not bound by Regulation (EU) 2017/1939 will probably at least remain on the current level of judicial cooperation between the EU member states, the international judicial cooperation in criminal matters between the EPPO and non-member states of the EU is at risk of worsening (compared to the current level of judicial cooperation between the EU member states and non-member states of the EU), depending on the willingness of non-member states of the EU to cooperate with the EPPO as a new actor on the stage. On the other hand, the international judicial cooperation between the EU member states bound by Regulation (EU) 2017/1939, i. e. within the EPPO, might be better than the current level of judicial cooperation between the EU member states, partly due to the provisions of Regulation (EU) 2017/1939 (although they are not too innovative) and partly due to the fact that higher level of willingness to cooperate is expected "under one roof" of the EPPO than between the authorities of various EU member states. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
5. Regulation of Extradition Procedure in International Law
- Author
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Huclová, Helena, Šturma, Pavel, Jílek, Dalibor, and Polák, Přemysl
- Subjects
formální extradiční právo ,extradice ,formal extradition law ,mezinárodní justiční spolupráce ve věcech trestních ,international judicial cooperation in criminal matters ,extradition - Abstract
Regulation of Extradition Procedure in International Law The subject of research of the thesis is the institute of extradition. The issue of extradition of persons by one state to another state with the purpose of criminal proceedings or imposition or enforcement of a sentence is very topical. Progressing process of globalization and easy ways of travelling enable perpetrators of criminal offences to hide from justice in various states. The extradition plays an important part in extradition of perpetrators of "ordinary" criminal offences as well as it is significantly instrumental in a fight against transnational organized crime, cybercriminality and other forms of transnational crimes. Cooperation of states in extradition of persons is therefore absolutely crucial in a fight against impunity of perpetrators of criminal offences. The extradition law may be divided into a material branch and a formal branch. The material extradition law analyzes conditions for granting the extradition. The formal extradition law represents an overview of procedural measures relating to the commencement of extradition proceedings, its course and its termination. The topic of the thesis is the "Extradition in International law". However, the subject of the thesis itself is narrower. The thesis focuses only on the...
- Published
- 2020
6. Editorial do dossiê 'Cooperação Judiciária Internacional em Matéria Penal' - Problemas actuais em perspectiva global
- Author
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Pedro Caeiro
- Subjects
Sociology and Political Science ,media_common.quotation_subject ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,international judicial cooperation in criminal matters ,extradition ,surrender ,European arrest warrant ,mutual recognition ,mutual trust ,fundamental rights ,Psychiatry and Mental health ,Presentation ,Anthropology ,Political science ,cooperação judiciária em matéria penal ,extradição ,entrega ,mandado de detenção europeu ,reconhecimento mútuo ,confiança mútua ,direitos fundamentais ,media_common.cataloged_instance ,Relevance (information retrieval) ,European union ,Law ,Safety Research ,media_common ,Law and economics - Abstract
This editorial provides a bird’s eye view of the current relevance of international judicial cooperation in criminal matters, namely in what concerns the issues raised by the growing protection of individual rights, as well as its reconfiguration in politically integrated areas, with a particular emphasis on the European Union. It then proceeds with a short presentation of the articles contained in this volume., Este editorial descreve, a traços largos, a relevância actual da cooperação judiciária em matéria penal, nomeadamente no que diz respeito à sua relação com o incremento da protecção dos direitos e garantias individuais e à sua reconfiguração em espaços politicamente integrados, com particular ênfase na União Europeia. Seguidamente, procede-se a uma apresentação sumária dos artigos contidos neste volume.
- Published
- 2019
- Full Text
- View/download PDF
7. Legal Regulation of Extradition
- Author
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Krečová, Ivana, Grmelová, Nicole, and Levý, Jan
- Subjects
Eurojust ,extradice ,international judicial cooperation in criminal matters ,European Arrest Warrant ,Evropská unie ,mezinárodní justiční spolupráce v trestních věcech ,evropský zatýkací rozkaz ,European Union ,extradition - Abstract
The aim of this bachelor thesis is beside legal definition of extradition also to answer a question, whether the replacement of classic extradition within the European Union by European Arrest Warrant was successful and what its tendency is since the implementation. The thesis also deals with a change of the role of Eurojust which was brought by the Lisbon Treaty. In the theoretical part the thesis focuses on historical development of extradition within the international judicial cooperation, explanation of basic terms and legal regulation of extradition. Development of extradition within the European Union is also described there and so is the comparison of extradition to European Arrest Warrant. The practical part is then dedicated to analysis of particular court decisions as an example how extradition and European Arrest Warrant work in practice.
- Published
- 2015
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