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Oblasť politiky
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Justičná spolupráca v trestných veciach

01-03-2018

Justičná spolupráca v trestných veciach je založená na zásade vzájomného uznávania rozsudkov a justičných rozhodnutí a zahŕňa opatrenia na aproximáciu práva členských štátov vo viacerých oblastiach. Lisabonskou zmluvou sa poskytol pevnejší základ na rozvoj oblasti trestného súdnictva, pričom zároveň udelila nové právomoci Európskemu parlamentu.

Justičná spolupráca v trestných veciach je založená na zásade vzájomného uznávania rozsudkov a justičných rozhodnutí a zahŕňa opatrenia na aproximáciu práva členských štátov vo viacerých oblastiach. Lisabonskou zmluvou sa poskytol pevnejší základ na rozvoj oblasti trestného súdnictva, pričom zároveň udelila nové právomoci Európskemu parlamentu.

Common minimum standards of civil proceedings

27-06-2017

Since 2015, Member States must accept most civil judgments from other EU countries without reviewing their content (abolition of exequatur). This has raised concerns about the need for ensuring that civil proceedings across the EU conform to common minimum standards. The European Parliament is due to vote in July on a report requesting the Commission table a proposal for a directive on such standards, which might be a first step towards a European Code of Civil Procedure.

Since 2015, Member States must accept most civil judgments from other EU countries without reviewing their content (abolition of exequatur). This has raised concerns about the need for ensuring that civil proceedings across the EU conform to common minimum standards. The European Parliament is due to vote in July on a report requesting the Commission table a proposal for a directive on such standards, which might be a first step towards a European Code of Civil Procedure.

Towards a European Public Prosecutor’s Office (EPPO)

17-11-2016

This study, commissioned by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the proposal for a Regulation establishing the EPPO. The evolution of the text is analysed through a comparison between the initial Commission proposal and the current version of the text (dated of 28 October 2016). The paper assesses whether the EPPO, as it is currently envisaged, would fit the objectives assigned to it, whether it ...

This study, commissioned by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the proposal for a Regulation establishing the EPPO. The evolution of the text is analysed through a comparison between the initial Commission proposal and the current version of the text (dated of 28 October 2016). The paper assesses whether the EPPO, as it is currently envisaged, would fit the objectives assigned to it, whether it will have some added value, and whether it will be able to function efficiently and in full respect of fundamental rights. It focuses on the main issues at stake and controversial points of discussion, namely the EPPO institutional design, some material issues, its procedural framework, and its relations with its partners.

Externý autor

Anne WEYEMBERGH (Université Libre de Bruxelles and Coordinator of the European Criminal Law Academic Network - ECLAN) and Chloé BRIERE (Université Libre de Bruxelles, Belgium)

Procedural safeguards for children suspected or accused in criminal proceedings

01-03-2016

In 2013 the Commission proposed a directive protecting the rights of children in criminal proceedings, following the 2009 Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings, as well as the 2011 EU Agenda for the Rights of the Child.

In 2013 the Commission proposed a directive protecting the rights of children in criminal proceedings, following the 2009 Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings, as well as the 2011 EU Agenda for the Rights of the Child.

The German Federal Constitutional Court's ruling on the European Arrest Warrant

28-01-2016

The Bundesverfassungsgericht (BVerfG) has now published its December 2015 ruling in favour of a claimant who had lodged a constitutional complaint against the decision to allow his surrender to Italy on the basis of a European arrest warrant issued by the Italian authorities. In its ruling, the German Constitutional Court appears to be departing from its previous 'Solange' case law on the examination of EU acts against fundamental rights enshrined in the Basic Law (Grundgesetz).

The Bundesverfassungsgericht (BVerfG) has now published its December 2015 ruling in favour of a claimant who had lodged a constitutional complaint against the decision to allow his surrender to Italy on the basis of a European arrest warrant issued by the Italian authorities. In its ruling, the German Constitutional Court appears to be departing from its previous 'Solange' case law on the examination of EU acts against fundamental rights enshrined in the Basic Law (Grundgesetz).

Strengthening the presumption of innocence in the EU

11-01-2016

Despite the presumption of innocence being guaranteed by international, EU and national laws, there are reports of repeated violations of this principle by EU Member States. The Commission seeks to address this problem with a proposal scheduled to be voted in plenary in January 2016.

Despite the presumption of innocence being guaranteed by international, EU and national laws, there are reports of repeated violations of this principle by EU Member States. The Commission seeks to address this problem with a proposal scheduled to be voted in plenary in January 2016.

Europeanisation of civil procedure: Towards common minimum standards?

11-06-2015

The free movement of judgments in the European Area of Justice presupposes a high level of mutual trust between the judiciaries of the Member States. From the citizens' perspective, the key issue is the balancing of the fundamental rights of claimants and defendants, i.e. the right of access to justice (to pursue a claim) and the rights of the defence. Mutual trust in judiciaries can be built in various ways. First of all, through the creation of uniform European procedures in the form of optional ...

The free movement of judgments in the European Area of Justice presupposes a high level of mutual trust between the judiciaries of the Member States. From the citizens' perspective, the key issue is the balancing of the fundamental rights of claimants and defendants, i.e. the right of access to justice (to pursue a claim) and the rights of the defence. Mutual trust in judiciaries can be built in various ways. First of all, through the creation of uniform European procedures in the form of optional instruments, which lead to the pronouncement of judgments on the basis of common rules of procedure. Secondly, sector-specific harmonisation of procedural law is possible, addressing civil procedure in the context of other policy areas, such as intellectual property, competition law or consumer protection. Thirdly, horizontal harmonisation of civil procedure by way of directives is also possible. Up to now, only selected and rather narrow areas of civil procedure have been addressed in this manner. However, a more ambitious project has been launched by the European Law Institute (ELI) in collaboration with the International Institute for the Unification of Private Law (Unidroit), aimed at elaborating European rules of civil procedure. These rules, once finalised, could be the basis of a future directive on minimum standards of civil procedure in the EU.

EU Administrative Law

29-04-2015

Over the last decades, the European Union has developed a series of ad hoc administrative procedures for the direct implementation of its rules in a number of areas - such as competition policy, trade policy, sate aids, access to EU documents, the EU civil service - , which resulted in a fragmented body of rules, whether in the form of law or soft law. The need to depart from this sector-specific approach to ensure consistent EU administrative procedures has therefore started to be debated in the ...

Over the last decades, the European Union has developed a series of ad hoc administrative procedures for the direct implementation of its rules in a number of areas - such as competition policy, trade policy, sate aids, access to EU documents, the EU civil service - , which resulted in a fragmented body of rules, whether in the form of law or soft law. The need to depart from this sector-specific approach to ensure consistent EU administrative procedures has therefore started to be debated in the academic sector as well as within the EU institutions. In this respect, following the entry into force of a new legal basis on administrative law introduced by the Lisbon Treaty the European Parliament has called for the adoption of a single European Administrative Procedure binding on its institutions, bodies, agency and offices including enforceable procedural rights for citizens when dealing with the Union's direct administration.

The Return Directive: Seeking improved implementation

24-04-2015

Directive 2008/115/EC on common standards and procedures for returning illegally staying third-country nationals is part of the European Union's Global Approach to Migration and Mobility (GAMM). It sets out to protect returnees by establishing Schengen-wide standards and procedures for their return, based on EU and international fundamental rights and refugee-protection obligations. At the same time, it recognises the Member States' right to remove illegal stayers and safeguard their public policy ...

Directive 2008/115/EC on common standards and procedures for returning illegally staying third-country nationals is part of the European Union's Global Approach to Migration and Mobility (GAMM). It sets out to protect returnees by establishing Schengen-wide standards and procedures for their return, based on EU and international fundamental rights and refugee-protection obligations. At the same time, it recognises the Member States' right to remove illegal stayers and safeguard their public policy and national-security interests. Given the growing numbers of non-EU nationals seeking protection or better lives in the European Union, the proper implementation of this Directive plays a crucial role in ensuring that those who do not need protection are returned safely, in dignity and with due regard to their human rights. Since its adoption, a number of judgments of the Court of Justice of the European Union (CJEU) have either confirmed or clarified certain aspects of the Return Directive, in order to identify and address non-compliant national practices. The Commission's March 2014 communication appraised EU return policy and explored future developments. The Council responded in its June 2014 conclusions on return policy, emphasising the need to focus on improving implementation and consolidating existing rules rather than new legislative initiatives. The European Parliament's resolution of 17 December 2014 advocated, inter alia, swift processing, in collaboration with non-EU countries of origin and return, and of transit, for those who do not qualify for asylum and protection in the EU.

National Security and Secret Evidence in Legislation and before the Courts: Exploring the Challenges

10-12-2014

At the request of the LIBE committee, this study provides a comparative analysis of the national legal regimes and practices governing the use of intelligence information as evidence in the United Kingdom, France, Germany, Spain, Italy, the Netherlands and Sweden. It explores notably how national security can be invoked to determine the classification of information and evidence as 'state secrets' in court proceedings and whether such laws and practices are fundamental rights- and rule of law-compliant ...

At the request of the LIBE committee, this study provides a comparative analysis of the national legal regimes and practices governing the use of intelligence information as evidence in the United Kingdom, France, Germany, Spain, Italy, the Netherlands and Sweden. It explores notably how national security can be invoked to determine the classification of information and evidence as 'state secrets' in court proceedings and whether such laws and practices are fundamental rights- and rule of law-compliant. The study finds that, in the majority of Member States under investigation, the judiciary is significantly hindered in effectively adjudicating justice and guaranteeing the rights of the defence in ‘national security’ cases. The research also illustrates that the very term ‘national security’ is nebulously defined across the Member States analysed, with no national definition meeting legal certainty and “in accordance with the law” standards and a clear risk that the executive and secret services may act arbitrarily. The study argues that national and transnational intelligence community practices and cooperation need to be subject to more independent and effective judicial accountability and be brought into line with EU 'rule of law' standards.

Externý autor

Didier Bigo (Centre d’Etudes sur les Conflits, Liberté et Sécurité - CCLS ; Sciences-Po Paris ; King’s College London), Sergio Carrera (Centre for European Policy Studies, CEPS), Nicholas Hernanz (CEPS) and Amandine Scherrer (CCLS) ; Contributions in the Country Fiches by: Mar Jimeno Bulnes (University of Burgos, Spain), Emmy Eklundh (University of Manchester, United Kingdom), Roseline Letteron (Université Paris-Sorbonne, France), Nikolaus Marsch (University of Freiburg in Breisgau, Germany), Daniel Squires (Matrix Chambers, London, United Kingdom), Arianna Vedaschi (Bocconi University, Milan, Italy), Gabriele Marino (University of Exeter, United Kingdom) and Anja Wiesbrock (University of Oslo, Norway)

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