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1

POSSIBILITY OF LODGING COMPLAINT AGAINST DECISIONS ON THE EUROPEAN ARREST WARRANT

100%
Steinborn S.
Studia Prawnicze
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2007
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issue 3(173)
129-153
EN
The study focuses on problem of lodging complaint against decisions on the European Arrest Warrant (EAW). The Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) does not contain any direct references to this question. The first part of the study includes analysis of the regulations adopted by the Member States of the EU. Lack of express regulation in the framework decisions on the EAW means solely that the European legislator left the question of the possibility of lodging a complaint to be regulated under national law. This should be perceived as the main cause for a substantial divergence among solutions adopted in the Member States. This analysis enables to distinguish four types of solutions in the Member States - from full challengeability of surrender decision to the complete exclusion of complaint. The second part aims to look for common standard relating to the possibility of lodging a complaint against the decision on issuing and execution of the EAW arising from international law acts as the Convention for the Protection of Human Rights and Fundamental Freedoms and the International Pact on Civil and Political Rights. Also the provisions of Polish Constitution are analysed. The third part of the paper includes analysis of Polish code of criminal proceedings concerning the question of the possibility of lodging a complaint against decisions on issuing of the EAW and the fourth part concerning decisions on execution of the EAW. The last part focuses on possibility of lodging a cassation to the Supreme Court against decisions on executing the EAW.
2
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LIMITATIONS ON EXTRADITION UNDER AMENDED ARTICLE 55 OF POLAND'S CONSTITUTION AND THE EUROPEAN ARREST WARRANT

100%
Nita B.
Przegląd Sejmowy
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2008
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issue 2(85)
93-112
EN
For more than one year following the decision of the Constitutional Tribunal of 27 April 2005 (Act Call No. P 1/05) in which it ruled that Article 607t § 1 of the Code of Criminal Procedure - insofar as it permits the surrendering of a Polish citizen to another Member State of the European Union on the basis of the European Arrest Warrant (EAW) - does not conform to Article 55(1) of Poland's Constitution, there have not appeared any legislative initiative aimed at achieving a complete - and, at the same time, consistent with Poland's Constitution - implementation of the Framework Decision on the European Arrest Warrant. It was only in May 2006 that the Presidential Bill to Amend Poland's Constitution was submitted to the Sejm. In its original wording, the bill proposed to amend Article 55 in line with arguments justifying the decision of the Tribunal. In the wording adopted by parliament, the Act does not resolve the problems concerning EAW, adopted. The limitation of the admissibility of extradition, as applied in the Act, does not make it possible to completely implement the Framework Decision. The constitutional doubts about the European Arrest Warrant were the subject of decisions rendered by the bodies appointed to review constitutionality of law in several states bound by the Framework Decision. From the comparison of the modification of Article 55 passed by the Sejm and the Senate and the jurisprudence of foreign states, it follows that the restrictions, contained in this provision, in relation to surrendering on the basis of the European Arrest Warrant does not find rational reasons. Therefore, Article 55 of the Constitution should be reconsidered by the legislature. This refers to prerequisites of paragraph 2 and paragraph 4 insofar as this paragraph concerns a person suspected of a crime committed for political purposes without the use of force. The prerequisite specified by Article 55(4) in fine in relation to surrender based on the European Arrest Warrant will be probably neutralized in the practice of courts, by means of pro-European interpretation of law.
3
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THE CONSTITUTION AND 'EXTERNAL AFFAIRS'

80%
Garlicki L.
Przegląd Sejmowy
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2007
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issue 4(81)
195-210
EN
The Constitution of 1997, compared to its predecessors, takes a more comprehensive approach to the issue of division of competence to exercise of external powers and the issue of the status of international law in the domestic legal system. These regulations have proved their practical usefulness and do not require review. The more so that they have been created with full awareness of the evolution of importance of particular authorities on the local level as well as an adequate knowledge of the rank and role of 'classic' international law in the modern world. European integration (and, to be precise, the consequences of Poland's membership in the EU to the domestic law) is, on the contrary, the issue that has not found such a mature constitutional regulation. The political disputes, which accompanied the adoption of the Constitution in 1997, resulted in a very restrained approach to these issues by the authors of the Constitution. It might be said that the distinction between 'transfer of competence' and 'transfer of sovereignty' is properly made in the constitution, and the position of EU law is sufficiently specified, but the situation in other areas is not so good. There is lack of satisfactory regulation of the division of competence between the government and parliament in relation to 'European issues' (which particularly undermines the position of the legislature). Beyond the constitutional regulation are European electoral matters, both in respect of elections of Members of the European Parliament and the status of citizens of other EU Member States in national parliamentary elections. There is an obvious need to re-formulate Article 227 (the role of the National Bank of Poland) before Poland's accession to the Euroland. The list of those desirable, or necessary in the future, changes may be much longer. The existence of this problem cannot be neglected. Otherwise, serious troubles can arise, as seen on the example of the European Arrest Warrant (when the amendments to Constitution were made in undue hurry). It has become fact that Poland is a member of the European Union. And this fact should be reasonably, adequately and clearly reflected in the constitution. This must be made in advance before new troubles and complications appear.
4
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CONSTITUTIONAL LAW ASPECTS OF MEMBERSHIP OF THE CZECH REPUBLIC IN THE EUROPEAN UNION IN THE LIGHT OF JURISPRUDENCE OF THE CZECH CONSTITUTIONAL COURT

80%
Witkowska-Chrzczonowicz K.
Przegląd Sejmowy
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2008
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issue 3(86)
109-132
EN
The first part of this article presents an analysis of the constitutional basis of membership of the Czech Republic in the European Union. Particular attention is paid to amendments introduced to the Czech Constitution (they came into force in 2002). These amendments not only established a basis of the Czech Republic's accession to the EU, but also made Czech legal order similar to the monistic model of reception of international law. This part also contains remarks on the position of the Czech Republic within the European Union. The second part of the article discusses two fundamental judgments of the Czech Constitutional Court - of 8 March 2006 on the so-called sugar quotas and of 3 May 2006 on the European Arrest Warrant. In these judgments the Constitutional Court addressed many issues connected with the EU membership and their consequences for the Czech domestic legal order. The authoress points out, in particular, the issue of validity of Community law in that legal order and - in this context - the discussions on this subject presented for some years in major Czech law journals. The conclusion of an analysis of the above-mentioned judgments is that the Czech Constitutional Court has formulated a Community-law-friendly doctrine, declaring the need for respect of the precedence of Community law, but without unconditional acceptance thereof. The scope of such acceptance by the jurisprudence of the Czech Constitutional Court, and that of appropriate bodies appointed to review constitutionality of legal acts in other EU Member States (including Polish Constitutional Tribunal) are similar and determined by the following elements: State sovereignty, inalienable rights of the person, the principle of democratic state ruled by law. On the one hand, the Czech Constitutional Court seeks inspiration in the jurisprudence of other constitutional courts, on the other hand, it makes courageous attempts, e.g. to assess the standards of respect of human rights in the EU countries, which - in the view of that Court - are not lower nor different from those available to the citizens of the Czech Republic.
5

GENÉZA VZÁJOMNÉHO UZNÁVANIA JUSTIČNÝCH ROZHODNUTÍ V TRESTNÝCH VECIACH V EÚ

61%
Klimek L., Klimek R.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2013
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vol. 96
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issue 3
271 – 292
XX
Nowadays, the judicial co-operation in criminal matters in the EU will be based on the mutual recognition of judicial decisions in criminal matters in the EU. The paper deals with the genesis of the concept. The development of the mutual recognition idea has been gradual process. First, the paper introduces the general knowledge concerning the mutual recognition as a common concept of EU law and its impact in the area of Criminal law. Further, it is focused on its development in the field of judicial co-operation in criminal matters in the light of European Council political documents and relevant EU programmes. In order to implement the mutual recognition a number of legislative instruments have been adopted. The paper analyses early legislative instruments, i.e. the Framework Decision on the European arrest warrant and the Framework Decision on the execution in the EU of orders freezing property or evidence. Moreover, it analyses their testing. Subsequently, the paper deals with other instruments involved in the development of mutual recognition. In the end, it introduces the impact of the Treaty of Lisbon on mutual recognition and its current position in the EU primary law. Naturally, it does not leave out of consideration current development. The paper presents as well newly introduced legislative proposal of instruments implementing the principle of mutual recognition in the EU.
6

GENÉZA EURÓPSKEHO ZATÝKACIEHO ROZKAZU A PROCES JEHO IMPLEMENTÁCIE V SLOVENSKEJ REPUBLIKE

61%
Klimek L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2011
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vol. 94
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issue 5
462 – 482
EN
The European arrest warrant, based on the surrender procedure, replaced traditional extradition procedure between Member States of the European Union. First time we met the European arrest warrant is unsuccessful project Corpus Juris, but the establishment of the area of freedom, security and justice, the conclusions of the European Council meeting in Tampere and the establishment of the mutual recognition of judicial decisions in criminal matters, led to the adoption of the Council framework decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States. The European arrest warrant is the first concrete measure in the field of EU Criminal Law implementing the principle of mutual recognition which the European Council referred to as the cornerstone of judicial co-operation in the EU. The European arrest warrant has been implemented into the legal order of the Slovak Republic twice – firstly in 2004 and secondly in 2010. Former implementation was performed by the Act of the National Council of the Slovak Republic of 24 June 2004 No. 403/2004 Coll. on the European arrest warrant. In 2010 the Slovak Republic adopted new legislation for purposes of the EAW – Act of the National Council of the Slovak Republic of 9 March 2010 No. 154/2010 Coll. on the European arrest warrant.
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