This project intends to examine the objectives of judicial cooperation throughout the European Union (hereinafter EU) and the area of freedom, security and justice to ensure a high level of security by mutual recognition of judgment concerning criminal matters. Attention will be drawn to how European judicial cooperation has developed since the signing of the Maastricht Treaty, an objective of which was "to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the fields of police and judicial cooperation in criminal matters?. This will lead to the reasoning behind the adoption of the Council Framework Decision of 13 June 2002 on the European Arrest Warrant (hereinafter EAW) and the surrender procedures between Member States, (hereinafter MSs) their responses to the introduction of the EAW which replaced the existing system of judicial cooperation in criminal matters, and finally , whether this development has been desirable for the EU and any changes that may have been made if the Constitutional Treaty had been adopted.
[...] If a warrant regards an offence that falls within one of the categories laid down in Art FWD it does not bar execution of that warrant, but its execution may be refused if the act has been committed in the territory of the executing MS. Whether the act was committed in the territory of that state is to be determined on the basis of the law of that MS. There seems to be a lack of concern given to the realities in existing domestic legislations and longstanding traditions of MS in achieving a regime of surrendering nationals without violating their constitutional rights. [...]
[...] Case Study the European Arrest Warrant' E.L.J Vol 10. No. 2. [...]
[...] As is commonly known the Maastricht Third Pillar was split up at Amsterdam resulting in only Judicial and Police Cooperation remaining within it and allowing the other subjects to be moved to the First Pillar, thus allowing them under the Court's jurisdiction, albeit with some restrictions[11]. Here, the necessity to assure uniformity of interpretation and application of European law has been taken into consideration. The European Court of Justice (hereinafter ECJ) was to have competence in giving Preliminary Rulings and the EP shall be consulted before adoption of any of it's' procedures. [...]
[...] I-1345 (AGO) Zsuzsanna Deen-Racsmany and Judge Rob Blextoon decline of the Nationality Exception in European Extradition?' E.J.C.L.J Vol p Art 4 EAW Zsuzsanna Deen-Racsmany, European Arrest Warrant and the surrender of national's revisited: the lessons of Constitutional challenges' E.J.C.C.J Vol 14/3, p306 Preamble, para 13, 2002/584/JHA O.J L190/1 Zsuzsanna Deen-Racsmany and Judge Rob Blextoon decline of the Nationality Exception in European Extradition?' E.J.C.L.J Vol p No. 14038/88, judgement of Blextoon R Handbook on the European Arrest Warrant (TMC Aster Press 2004), Caroline Morgan EAW and defendants rights: an overview'. Chapter 13 Blextoon R Handbook on the European Arrest Warrant (TMC Aster Press 2004), Selma de Groot ‘Mutual trust in European Extradition law)' Chapter 7 Susie Alegre and Marisa Leaf ‘Mutual Recognition in European Judicial Cooperation: A Step too far too soon? [...]
[...] The evolution of European judicial cooperation in criminal matters since the Maastricht Treaty Introduction This project intends to examine the objectives of judicial cooperation throughout the European Union (hereinafter EU) and the area of freedom, security and justice to ensure a high level of security by mutual recognition of judgements concerning criminal matters. First of all, attention will be drawn to how European judicial cooperation has developed since the signing of the Maastricht Treaty[1] an objective of which was provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the fields of police and judicial cooperation in criminal matters'[2]. [...]
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