Publication details
Praxe evropského zatýkacího rozkazu: můžeme si v Evropě věřit?
| Title in English | Practice of the European Arrest Warrant: Can We Trust Each Other in Europe? |
|---|---|
| Authors | |
| Year of publication | 2015 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | mutual trust; area of freedom; security and justice; European arrest warrant; surrender system; non-execution |
| Attached files | |
| Description | In the centre of this paper’s attention is the principle of mutual trust, that plays a key role in the system of surrender based on the European arrest warrant. It analyses facts that provide grounds to distrust amongst the EU member states. At first it addresses some of the grounds that lay in the legal construction of the European arrest warrant and in the normative delimitation of the system of surrender. These are namely restriction of double criminality principle and the options of the executing state to review the correctness of the classification to one of the thirty-two categories without double criminality, obligatory reasons of non-execution of the European arrest warrant or the vagueness of some of the legal terms used in them. The paper follows with quite particular facts questioning the trust that can be identified in the surrender practice of the member states. There is particularly a different level of fulfillment of the obligations, when the state issues the warrant and when it executes it or various levels of human rights protection or procedural standards. These facts show that currently the member states do not trust each other very much and approach the European arrest warrant opportunistically to maximize the benefits, that flows from it but they are not very eager to actively fulfill their obligations when they are supposed to submit themselves to limitations that are intrinsic to this legal institute. |