Unit:
Κατεύθυνση Ποινικό Δίκαιο και Ποινική ΔικονομίαLibrary of the School of Law
Author:
Georgoula Nikoleta
Supervisors info:
Αριστομένης Τζαννετής Επίκουρος Καθηγητής Νομικής Σχολής Εθνικού και Καποδιστριακού Πανεπιστημίου Αθηνών
Original Title:
Ευρωπαϊκό Ένταλμα Σύλληψης και Περιορισμός του από Θεμελιώδη Δικαιώματα Εκζητουμένου
Translated title:
European Arrest Warrant and Limitation of Fundamental Rights of the Requested Person
Summary:
The European Arrest Warrant (EAW), which constitutes the first concrete implementation of the principle of mutual recognition of criminal decisions in the area of freedom, security and justice in the European Union, with the abolition of extradition and its replacement by a system of surrender, namely through a simplified and accelerated procedure, was adopted with the Council Framework Decision 2002/584/JHA. That Framework Decision was incorporated into the Greek legal order by means of Law 3251/2004. Although the idea of the principle of mutual recognition is remarkable, however, the mechanism often creates problems that are mainly identified in the area of the protection of fundamental rights. This is because the principle of mutual recognition presupposes the existence of mutual trust between Member States regarding the effectiveness of their legal systems, among others, with regard to the protection of fundamental rights, which is a common constitutional principle of the Member States of the European Union. However, mutual trust does not constitute an irrefutable presumption and a given situation, but is constantly challenged, as demonstrated by the Court of Justice of the European Union (CJEU) case law and expounded in this master thesis.
Main subject category:
Law and Legislation
Other subject categories:
Criminal Procedure
Criminal Law
Keywords:
European Arrest Warrant, EAW, mutual recognition, mutual trust, fundamental rights, Radu, Melloni, Aranyosi, Căldăraru, L.M., M.L.
