Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.
AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.
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AUC IURIDICA, Vol 51 No 2 (2005), 91–112
Evropský zatýkací rozkaz
[European Arrest Warrant]
Světlana Kloučková
DOI: https://doi.org/10.14712/23366478.2025.83
published online: 14. 02. 2025
abstract
The Council of EU issued the Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States. This Framework Decision is based on the Treaty establishing the European Union, and in particular Articles 31 (a) and (b), and Article 34(2) (b) thereof. Under this Framework Decision a decision to issue the European Arrest Warrant (EAW) should be made by the judicial authorities without interference of the Executive. In principle, the EAW is based on direct contacts between judicial authorities. Grounds for refusal have been strictly limited to legal motives provided in the Framework Decision. The general principle is that surrender of nationals and residents is no longer prohibited. Proceedings are simplified and accelerated thanks to the transmission of an EAW through various means and based on a unique common form. In principle decisions on surrender and their execution are subject to short time limits. Framework decisions are binding upon Member States as to the result to be achieved but leave to the national authorities the choice of form and methods; however, they shall not entail direct effect. Therefore it is necessary for each Member State to enact its own national legislation about EAW in the line of above-mentioned Framework decision. The implementation of this Framework decision in the Czech Republic had two steps: an amendment of Criminal Code and Criminal Procedural Code (in force since November 1, 2004) and notification to Council of Europe under Art. 28 (3) of European convention on extradition (done on January 14, 2005). The European Judicial Network was established under the Joint Action 98/428 JHA of 29 June 1998, on the creation of the European Judicial Network (EJN). The EJN was created to fulfil recommendation no 21 of the Action Pian to Combat Organised Crime, approved by the Council on 28 April 1997 (OJ C 251, 15. 8. 1997). Nevertheless it had, since the beginning, not restricted to organized crime but encompassing all types of transnational criminality. The EJN was conceived to operate in particular in the field of mutual assistance and associates public prosecutors, investigative magistrates and officials from Ministries of Justice specialised mutual assistance in criminal matters.
Evropský zatýkací rozkaz is licensed under a Creative Commons Attribution 4.0 International License.
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ISSN: 0323-0619
E-ISSN: 2336-6478
