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EUROPEAN UNION AND THE FIGHT AGAINST EXTREMISM (Europska unia a boj proti extremizmu)

100%
Zahora J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2010
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vol. 93
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issue 5
448-456
EN
The author refers to the activities of the European Union aiming the fight against racism and xenophobia. It puts stress on the framework decision on the fight against certain forms and manifestations of racism and xenophobia through the criminal law that was adopted by the Council on 28 November 2008. In the analysis of the framework decision he defines criminal acts related to the racism and xenophobia and refers to other obligations related to a transposition of this framework decision. In the following section he deals with the implementation of obligations resulting from the framework decision in the conditions of the Slovak Republic. The author refers to the most important changes that were reflected in the criminal law and argues these changes. He points out to incomprehensibility, ambiguity, terminological inconsistency of the law and the violation of the principle of legal certainty, as well as to technical errors made in the legislative process.
2

GENÉZA VZÁJOMNÉHO UZNÁVANIA JUSTIČNÝCH ROZHODNUTÍ V TRESTNÝCH VECIACH V EÚ

100%
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.
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