Ekstradycja obywatela polskiego w znowelizowanym art. 55 Konstytucji wobec wymogów Europejskiego Nakazu Aresztowania – głos w dyskusji
Extradition of a Polish Citizen in Light of the Amended Article 55 of the Constitution Vis-à-vis the Conditions of the European Arrest Warrant – a Voice in the Discussion
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The European Arrest Warrant is an essential part of the legal culture of the European Union. In order to ensure proper implementation of the Framework Decision, in 2006 the Polish Constitution was amended. The amendment abolished the existing ban on extradition of Polish citizens abroad, which was contrary to the essence of the EAW. The adopted constitutional amendment, however, still raises doubts as to its compatibility with the requirements of the Framework Decision. This applies in particular to the exclusive jurisdiction of the Polish State in the sphere of punishment for committing a crime committed within its territory, as well as the requirement of double criminality. In addition, the Polish Constitution provides for the prohibition of extradition of persons who are suspected of committing a crime for political reasons but without the use of force. A further exclusion concerns an extradition which would violate rights and freedoms of persons and citizens. This article is a voice in the discussion, indicating that the restrictions contained in the Polish Constitution are in line with the aim of the Framework Decision of the EAW. The mean to achieve this is to adopt a pro-European interpretation of the Constitution, thereby avoiding the need for its legislative change. A separate issue concerns the aim of the EAW itself. It is related to the creation of a situation where going abroad will not cause an escape from justice. The contemplation proves that this objective of the EAW, even in the case of constitutional restrictions, can also be achieved. In addition, this article consolidates the Polish Constitution, made under the influence of the EAW, with issues of state sovereignty, the inclusion of citizenship and the principles of exclusive state jurisdiction in criminal matters. These are all considerations that must be taken into account when evaluating the European Framework Decision with the national legal order, also at the constitutional level.
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