European Arrest Warrant and its development through case law of the Court of Justice of the European Union

master's thesis

Sara Šoštarič (Author), Ernest Petrič (Mentor)

Abstract

Does the European Arrest Warrant facilitate the fight against cross%border criminal activities through preserving the respect of human rights of the fugitives? Some experts in the light of recent Euro%skepticism claim it to be just another failed institute that consists of many legal limitations that need to be dealt with. Throughout this thesis, the main aim will be to present the European Arrest Warrant and see how it developed through the years, and how The Court of European Justice through its case law further enriched and solidified this institute. I will analyze the legal Framework Decision itself, and also present numerous cases that dealt with the most important aspects of the warrant and helped clarify its purpose and structure, so to show how it should be applied in different cases at the same time maintaining a high legal standard of protection of human rights of the individuals. We will achieve all the above by using different methods, the historical method, descriptive, sociological, analytical, the method of case study and lastly to conclude the thesis the inductive%deductive method. By using all of these, we will prove that this recently new instrument, while it encounters some issues, works well in practice, where the Member States and the Court of Justice cooperate closely and effectively. By connecting the theoretical with practical cases, this will be an original work contributing to the discourse about the European Arrest Warrant not only to European citizens but also scholars and the professional public.

Keywords

European Arrest Warrant;framework decision;protection of human rights;mutual recognition;Court of Justice of the European Union;

Data

Language:	English
Year of publishing:	2019
Typology:	2.09 - Master's Thesis
Organization:	EVRO-PF - European Faculty of Law, Nova Gorica
Publisher:	[S. Šoštarič]
UDC:	061.1EU:341.44(043.2)
COBISS:	2048020964
Views:	3
Downloads:	1
Average score:	0 (0 votes)
Metadata:

Other data

Secondary language:	Slovenian
Secondary keywords:	Evropska Unija;Magistrske naloge;Nalog za prijetje in predajo;
Type (COBISS):	Master's thesis/paper
Thesis comment:	Evropska pravna fak.
Source comment:	Mag. delo 2. stopnje bolonjskega študija; Nasl. z nasl. zaslona; Opis vira z dne 4. 11. 2019;
Pages:	120 str.
ID:	11276683