Whose responsibility?
Subtitle: a study of transnational defence rights and mutual recognition of judicial decisions within the EU
By: Malin Thunberg Schunke
Series: Series Supranational criminal law : Capita selecta -- volume 16
Publisher: Intersentia; Intersentia Uitgevers N.V.
Published: 2013
Place of publication: Cambridge, United Kingdom; Antwerp, Belgium; Portland, Oregon
Language: eng
Number of pages: 159
ISBN-13: 9781780681757
Copyright date: 2013
Subjects: Defense (Criminal procedure); Judicial assistance; Criminal Judgments; Human rights
Description: The growing attention being paid to transnational criminality and the emergence of new models of state cooperation make it necessary to reconsider the traditional features of human rights enforcement. This book provides a comprehensive analysis of how criminal procedural rights are (if at all) protected within the framework of mutual recognition within the EU. The study concentrates on the Framework Decision on the European Arrest Warrant. The central issue of analysis is the national and extraterritorial responsibility for violations of fundamental rights which occur in the framework of such transnational procedures. Are there any provisions in international or national instruments, which aim at effectively preventing or remedying violations? Is there any functioning judicial control? The effect of national legislation and human rights bars to cooperation is discussed on the basis of a comparative study of the legislation and case-law in Sweden and the UK.
Notes: Includes bibliographical references (pages 135-155) and index.
Table of contents: title: Human rights protection at the legislative level within the EU; title: Human rights protection at the national level; title: Human rights protection and the ECtHR; title: The Charter of Fundamental Rights and the CJEU; title: Is there a sufficient system of human rights protection within cooperation based on mutual recognition?; title: Whose responsibility?