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ACCELERATION OF CRIMINAL PROCEEDINGS. SWISS REPORT

100%
Bommer F.
Archivum Iuridicum Cracoviense
|
2004
|
vol. 37-38
125-177
EN
Swiss Criminal Procedure guarantees the right to be heard within a reasonable time through a variety of instruments: Article 6 ( 1) of the European Convention on Human Rights, Article 29 of the Swiss Constitution, most of the 26 cantonal (state) laws of Criminal Procedure, as well as - most recently - tne proposal for a Federal Code of Criminal Procedure attach considerable importance to this institution. The cantonal (state) rules of procedure accelerate criminal proceedings by specifying strict time limits. Moreover, the public prosecutor will intervene to ensure that the time limits for preliminary proceedings are observed. Different types of summary procedures - for example the 'Strafbefehlsverfahren' - expedite the proceedings. This paper presents arid critically assesses the regulatory framework and the implementation of the right to be heard as provided for by the Swiss law of Criminal Procedure.
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NEW APPROACH TO HUMAN RIGHTS IN THE TREATY OF LISBON (Nowe ujecie regulacji praw czlowieka w Traktacie z Lizbony)

88%
Sozanski J.
Ius Novum
|
2010
|
issue 2
38-66
EN
This paper is aimed at presenting the most essential changes and modifications in the field of human rights protection which were introduced by the Treaty of Lisbon and at analyzing their role and importance presented with the use of a historic - comparative method and legal analysis. The changes are important because in the new legal system a new notion network was created and this implies serious normative consequences. The category of human rights known in the universal and the Council of Europe's system was highlighted, and the role of fundamental rights seems to be diminished. Retaining the importance of norms 'acquis', the Treaty obliged all member states to be party to the ECHR. The provisions of the Charter of Fundamental Rights were incorporated in the treaties (as an amendment); as some new areas of protection and terms were. All this constitutes a significant change in the previous system of protection.
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