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Libor Klimek

Abstract

The paper deals with a Letter of rights for persons arrested on the basis of a European arrest warrant, a novelty introduced by the Directive 2012/13/ EU on the right to information in criminal proceedings. The Directive stipulates that Member States of the EU shall ensure that persons who are arrested for the purpose of the execution of an European arrest warrant are provided promptly with appropriate Letter of rights containing information on their rights according to the law implementing the Framework Decision 2002/584/JHA on the European arrest warrant in the executing Member State. The paper is divided into three sections. First section presents fundamental knowledge on starting points of the letter of rights. Further, second section analyses its legal basis, i.e. Directive 2012/13/EU. The last third section introduces an indicative model of letter of rights.

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Libor Klimek

Abstract

The European Union was aware of unwanted side-effect of the free movement of persons which has been the equally free movement criminals. With regards to Tampere European Council conclusions the traditional extradition procedures were replaced by the surrender procedure within Member States of the European Union. Th e article answers the question how the surrender procedure differs from classic extradition. It deals with the comparison of the surrender procedure and the extradition mechanism focused on innovations of the European arrest warrant. It points out at necessity of simpler and faster procedure in the EU. Further, it focuses on the comparison of the legal basis of both procedures and on procedural issues.

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Tomáš Strémy and Miroslava Vráblová

Summary

Nowadays, traditional criminal policy is facing its limits and is unable to cope with the rising criminality. Current criminal justice based on repressive approaches is unable to face serious obstacles and problems, namely in efficiency of punishment, poor protection of victims, and slow and overburdened criminal courts. New models of criminal judiciary based on principles of restorative justice have been unveiled while traditional systems of criminal justice are facing a serious crisis. The conception of restorative justice is one of the most modern and progressive of current approaches to criminal law that deserves to be implemented into the Slovakia criminal judiciary system. Author focused on punishments as home arrest, compulsory labour and financial penalty.

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Ondrej Hamuľák and Tanel Kerikmäe

Summary

The paper deals with the non-normative impacts of the EU law in the national legal systems (Czech Republic in particular) and focuses on the approach of the Czech Constitutional Court (CCC) towards the so-called principle of indirect effect of EU law. The authors examine the case law of CCC and offer the conclusions about the place, constitutional relevance and (national) limits of the EU-consistent interpretation of national law. CCC up to date case law clearly indicates that a EU-consistent interpretation is the most ideal tool for meeting the Czech Republic’s membership obligations. But it is simultaneously a tool for preserving the autonomy of the national authorities applying law and reduces possible tensions between supranational and nation law. CCC accepts the indirect effect broadly and used this concept even in controversial cases (European arrest warrant, State responsibility for damages etc.). But still it does not approach this effect without reservations. CCC points on the necessity to protect the fundamental constitutional values (‘Solange’ concept) even in connection with the duty of EU-consistent interpretation.

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Hate Speech, Democratic Legitimacy and the Age of Trump

(reviewing Eric Heinze. Hate Speech and Democratic Citizenship. Oxford: Oxford University Press, 2016)

Rob Kahn

Nationalism is Upon Us. Slate , 6 Feb. 2017. [online]. < http://www.slate.com/articles/news_and_politics/cover_story/2017/02/government_by_white_nationalism_is_upon_us.html .> Accessed: 22.06.2017. Bromwich, Jonah Engel. Felony Charges for Journalists Arrested at Inauguration Protests Raise Fears for Press Freedom. New York Times , 25 Jan. 2017. [online] < https://www.nytimes.com/2017/01/25/business/media/journalists-arrested-trump-inauguration.html?_r=0 > Accessed: 22.06.2017 Farhi, Paul. The Washington Post’s new slogan turns out to be an old saying

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Aniel de Beer

) on the Treatment by the Coalition Forces of Prisoners of War and Other Protected Persons by the Geneva Conventions in Iraq During Arrest, Internment and Interrogation , 2004, [online]. Available at: http://www.derechos.org/nizkor/us/doc/icrc-prisoner-report-feb-2004.pdf . Accessed: 7 October 2012, p. 8. ICRC. Report on the Treatment of Fourteen ‘High Value Detainees’ in CIA Custody , 2007, [online]. Available at: http://assets.nybooks.com/media/doc/2010/04/22/icrc-report.pdf . Accessed: 7 October 2017, p. 12. Investigation of the 800th Military