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'CONSTITUTIONAL IDENTITY' AND THE TREATY OF LISBON - THESES OF THE FEDERAL CONSTITUTIONAL COURT RULING OF 30 JUNE, 2009 ('Tozsamosc konstytucyjna' a traktat z Lizbony. Tezy wyroku Federalnego Trybunalu Konstytucyjnego z 30 czerwca 2009 r.)

100%
Bala P.
Ius Novum
|
2010
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issue 2
7-37
EN
The aim of the article is to present the key theses of the Federal Constitutional Court ruling of 30 June, 2009, concerning the appropriate implementation of the provisions of the Treaty of Lisbon in the legal environment of the Federal Republic of Germany. The ruling was widely discussed due to the importance of the issue as well as a judgment itself, not solely from the point of view of the German doctrine. The ruling under discussion presents an idea that the process of European integration is 'limited' as the evolution of the European Union finds some limitations within both the Treaty of Lisbon and the Fundamental Statute of the Federal Republic of Germany. The German Constitution determined some impassable borders of integration by an obligation to protect a 'constitutional identity' (elements constituting the German state such as the notion of the state of law, protection of fundamental rights, democracy and a federal structure of the state). This way a canon of appropriate integration with respect for the fundamental 'constitutional identity' of the German Republic, i.e. respecting the provisions of the state legislature, its role in the process of integration, and organization of the process of co-operation between the legislative and executive powers on the European ground. At the same time, the Federal Tribunal sustained its former ruling policy and was for the primacy of the Fundamental Statute over any other legal acts, including those issued by the organs of the European Union. It also seems that some of the theses of the ruling remain valid per analogiam to the legislations of other Member States.
2

GENÉZA VZÁJOMNÉHO UZNÁVANIA JUSTIČNÝCH ROZHODNUTÍ V TRESTNÝCH VECIACH V EÚ

75%
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.
3

GENÉZA EURÓPSKEHO ZATÝKACIEHO ROZKAZU A PROCES JEHO IMPLEMENTÁCIE V SLOVENSKEJ REPUBLIKE

75%
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
|
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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