Publication details

Evropský zatýkací rozkaz před ústavními soudy

Title in English European Arrest Warrant before the constitutional courts
Authors

FILIP Jan

Year of publication 2005
Type Article in Periodical
Magazine / Source Časopis pro právní vědu a praxi
MU Faculty or unit

Faculty of Law

Citation
Field Law sciences
Keywords judgment of the Polish Constitutional Tribunal Nr. P 1/05; reasons for the decision; critical remarks; possible influence on the future Czech decision in 2006
Description Author deals with problems the transposition of the Council Framework Decision of 13 June 2002 on the European arrest warrant in the Czech Republic and its problems. He stresses objections, which arised against changes made in the Czech criminal code and the criminal procedure code and which were handed up before the Czech Constitutional Court in proposal on their cancellation. In this respect he deals in detail with the judgement P 1/05 of the Polish Constitutional Tribunal. In Poland was the analogous regulation and transposition of the arrest warrant annuled as unconstitutional. Considerable attention in this respect is devoted to those arguments, which in this connection appeared in Polish professional literature. He compares the starting points, about which the Czech constitutional court could go upon in its future decision.
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