CEU Electronic Theses and Dissertations, 2007
| Author | Semesova, Kamila |
|---|---|
| Title | Constitutional Implications of the European Arrest Warrant and the domestic courts' reaction to it |
| Summary | This thesis studies the constitutional problems caused by the European Arrest Warrant from the perspective of the national Constitutional Courts or their equivalents and the domestic courts’ reaction to them in order to define the constitutional implications of the European Arrest Warrant on the national constitutional orders. The difference between the European Arrest Warrant and the traditional system of extradition, the constitutional principles of the ban on extradition of citizens and the implications of the mutual recognition on the principle of double criminality and human rights protection are analyzed in theory or in the judgments of the Constitutional Courts in Poland, Germany, Cyprus, Greece and Czech Republic first, and then in comparison with the principles on which the European Arrest Warrant is based. Based on this analyze, these main constitutional problems are recognized: abolition of the ban of extradition of nationals and the mutual recognition of judicial decisions in criminal matters that caused three main constitutional implications: First, the surrender was recognized as either a new legal instrument or a part of the extradition procedure. Second, the constitutionally guaranteed freedom from extradition of nationals was weakened; eventually it disappeared from the Constitution. Third, the mutual recognition that caused problems with regard the principle of legality, principle of ne bis in idem and the obligation of protection of human rights required the Member States to trust to each others legal orders instead of the examination and comparison of the two legal systems. |
| Supervisor | Marie-Pierre Granger, PhD |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2007/semesova_kamila.pdf |
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