BVefG eurozatykač ano, ale právněstátně transponovaný
| Title in English | BVerfG - european arrest warrant yes, but transponed properly on the basis of rule of law |
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| Authors | |
| Year of publication | 2005 |
| Type | Article in Periodical |
| Magazine / Source | Právní zpravodaj |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | European Arrest Warrant; problems of the transposition in Germany; constitutional regulation; judgment of the German Constitutional Court and its content and critical remarks |
| Description | Author deals with circumstances that led to publication of the judgement Nr 2 BvR 2236/04 from July 2005, in which without any time delay declared the German Constitutional Court the European arrest warrant adjustment for void and null, without looking for possibilities of constitutionally and European conformal interpretation and neither tried to cancel only those parts of the law in question, that were expressly labeled as unconstitutional. The study deals with problems of the transposition of the Council Framework Decision of 13 June 2002 on the European arrest warrant in Germany in form of usual law, with the constitutional and legally-state quarantees of position of the German citizens in face of European arrest warrant. Grande attention is devoted to those arguments, which in this connection appeared in German professional literature. Author asks a question, to what extent is herewith by the judgement infirmed the developed thought on common European criminal law. |
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