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European constitutionalism and the European Arrest Warrant [Recurso eletrónico] : contrapunctual principles in disharmony / Jan Komárek

Autor: KÓMAREK, JanIdioma: Inglês.Publicação: New York : New York University School of Law, 2005Descrição física: 1 CD-ROM; 12 cmColeção: Jean Monnet Working Paper; 10ISBN: ISSN 10872221Assunto: 11339 | 2131 | 235428 | 231071 | 222680 | 224769 | 333222 | 333241Resumo: I Introduction – national constitutional courts and their perspectives on the european constitutional order. II The EAW framework decision and the problem of extraditing own nationals. III The EAW framework decision and the polish constitutional tribunal: taking european commitments seriously?: A - surrender as a subset of extradition. B - Temporal limitation of the decision’s effects as a case of balancing competing principles. IV Federal constitutional court’s reservations to the mutual trust between the member states: A - The purpose of protecting german nationals from extraditing in the view of the FCC – rights stemming from the citizenship. B - FCC’s distrust to other member states’ criminal justice systems. V Contrapunctual law principles and the area of freedom, security and justice: A - The decisions in the light of principles of contrapunctual law. a) Pluralism, consistency and coherence, universalisability. b) Limits of contrapunctual law. c) Last principle: institutional choice as a way out? B - Contrapunctual law principles and the area of freedom, security andjustice. VI Conclusion.
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Item type Current location Call number Copy number Status Date due Barcode
Monografias Biblioteca da Polícia Judiciária
PJCD59 (Browse shelf) PJCD59 Available PJ1CD59_34

The Jean Monnet Program. Ficheiro de 301 Kb em formato pdf (29 p.). Disponível também em: https://www.jeanmonnetprogram.org/papers/05/051001.pdfAcedido em 19 de Abril de 2007.

I Introduction – national constitutional courts and their perspectives on the european constitutional order. II The EAW framework decision and the problem of extraditing own nationals. III The EAW framework decision and the polish constitutional tribunal: taking european commitments seriously?: A - surrender as a subset of extradition. B - Temporal limitation of the decision’s effects as a case of balancing competing principles. IV Federal constitutional court’s reservations to the mutual trust between the member states: A - The purpose of protecting german nationals from extraditing in the view of the FCC – rights stemming from the citizenship. B - FCC’s distrust to other member states’ criminal justice systems. V Contrapunctual law principles and the area of freedom, security and justice: A - The decisions in the light of principles of contrapunctual law. a) Pluralism, consistency and coherence, universalisability. b) Limits of contrapunctual law. c) Last principle: institutional choice as a way out? B - Contrapunctual law principles and the area of freedom, security andjustice. VI Conclusion.

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