European arrest warrant: Some questions on legal interpretation and application

Research output: Contribution to journalArticle

Abstract

The paper deals with certain aspects of the interpretation and application of the law pertaining to the European Arrest Warrant (EAW), which are related to a person’s right to question the possibility of criminal prosecution as well as to the impossibility of execution of criminal prosecution in respect of a person who was not surrendered to the Republic of Lithuania. It is observed that the procedures of the execution of the EAW in legal practice, as distinct from their delineation in the provisions of the legal acts of the European Union, are being inadmissibly misinterpreted in the national law. It conditions infringements of the right of a person to be brought to criminal account to know what he/she is suspected of. A person’s right to question the possibility and the limits of criminal prosecution is a constitutional guarantee towards the legitimacy of criminal proceedings.
Original languageEnglish
Pages (from-to)327-343
JournalJurisprudencija: mokslo darbai
Volume18
Issue number1
Publication statusPublished - 2011

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prosecution
legal usage
interpretation
human being
interpretation of the law
criminal proceedings
Lithuania
guarantee
republic
legitimacy
Law

Keywords

  • Criminal procedure
  • European arrest warrant
  • Liability limits

Cite this

European arrest warrant : Some questions on legal interpretation and application. / Jurka, Raimundas.

In: Jurisprudencija: mokslo darbai, Vol. 18, No. 1, 2011, p. 327-343.

Research output: Contribution to journalArticle

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