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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The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.
In 2021 the journal AUCI was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database Scopus. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite Scopus database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.
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AUC IURIDICA, Vol 52 No 1 (2006), 7–33
Soudcovská tvorba ochrany základních práv a svobod v procesu europeizace trestního práva
[Protection of Basic Rights and Freedoms in the Area of Europeisation of Criminal Law Through Case Law]
Michal Tomášek
DOI: https://doi.org/10.14712/23366478.2025.100
published online: 14. 02. 2025
abstract
Since there is no legally binding document of the EU providing a complete catalogue of basic rights and freedoms, the process of europeision of criminal law has been for a long time confronted with a Jack of sources in this domain. The Charter of EU basic rights and freedoms as adopted by the European Council in Nice in 2000 has only an informal value and the Treaty Establishing a Constitution for Europe including in its part II the index of basic rights and freedoms is still waiting for its ratification. In such a situation, the only legally binding source of protection of human rights and freedoms are general provisions of the EC Treaty (particularly art. 13) and of the EU Treaty (particularly art. 6). Very important are references to the European Covenant of Human Rights as stipulated by the provisions of the EU Treaty. The European Court of Justice as a sort of “European Constitutional Court” has recently played an important role in shaping the protection of basic rights and freedoms in several agendas of European integration, including europeisation of criminal law. When the civic element of the Community law was strengthened after the ratification of the EU Treaty in the early 1990s, national Constitutional Court became to consider certain role of the European Court of Justice as guard of basic rights and freedoms on the Community and Union level. Case law pronounced by the European Court of Justice brought about relatively useful basis for protection of basics rights and freedoms in the process of europeisation of criminal law such as protection of domicile, protection of personal data, protection of personal integrity and dignity etc. Recent case law has been dealing as well with such procedural rights important for criminal prosecution like protection of victims, ne bis in idem or prohibition of retroactive effect. Recent judiciary practice of the European Court of Justice has shown that under the condition of absence of a legally binding catalogue for protection of basic rights and freedoms, this EU authority can play an important role and it can in the matter of fact broaden EU competencies in the area of criminal law and cooperation in justice matters.
keywords: Human rights in European law; Constitution for Europe; European Court of Justice and criminal law; Case-law concerning criminal proceedings; Rights of participants of criminal proceedings
Soudcovská tvorba ochrany základních práv a svobod v procesu europeizace trestního práva is licensed under a Creative Commons Attribution 4.0 International License.
230 x 157 mm
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print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478
