European arrest warrant: Some questions on legal interpretation and application

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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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Keywords

  • Criminal procedure
  • European arrest warrant
  • Liability limits

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