Заемното признавање - Европскиот налог за апсење - Правило на двоен криминалитет: поедноставување или комплицирање

Josifovic, Ivica (2023) Заемното признавање - Европскиот налог за апсење - Правило на двоен криминалитет: поедноставување или комплицирање. Стручно списание Правник (372). pp. 14-44. ISSN 1409-5238

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Abstract

Mutual recognition of court decisions is a process by which
a decision made by an authority of an EU member state is
recognized and enforced in another member state. This is a
key concept in the field of judicial cooperation, as it is based on mutual trust between EU member states and helps to
overcome difficulties arising from different judicial systems. The European Arrest Warrant (EAW) is one of the most used mechanisms of judicial cooperation in criminal matters. It consists of a simplified procedure of cross-border surrender for the purposes of prosecution or execution of a prison sentence or detention order, thereby replacing the traditional extradition system involving the political authorities of member states. According to the rule of double criminality, the crimes on the basis of which the EAW is issued must be foreseen as such both in the issuing state and in the executing state. The paper aims to explain the connection of these three segments of judicial cooperation in criminal matters within the EU and to give its observations whether there is an improvement in cooperation between member states or it is complicated by the different internal legal orders.
Keywords: mutual recognition, arrest warrant, double
criminality, Court of Justice, case studies.

Item Type:	Article
Subjects:	Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Ivica Josifovik
Date Deposited:	03 Oct 2023 12:43
Last Modified:	03 Oct 2023 12:43
URI:	https://eprints.ugd.edu.mk/id/eprint/32332

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