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 54 No 2 (2008), 53–60
Vliv judikatury Evropského soudu pro lidská práva na harmonizaci trestního řízení v Evropě
[The Influence of the Jurisprudence of the European Court of Human Rights on the Harmonization of Criminal Procedure in Europe]
Harald Christian Scheu
DOI: https://doi.org/10.14712/23366478.2024.73
published online: 24. 01. 2025
abstract
The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) is a standard-setting instrument for questions related to criminal procedure. Several ECHR provisions refer to the principle of fair trial, personal freedom, non-retroactivity, the right to appeal in criminal matters, and the right not to be tried or punished twice. With respect to the practice of human rights protection in Europe, jurisprudence developed by the European Court of Human Rights (ECourtHR) has crucial impact on the current understanding of those procedural standards. The importance of Strasbourg case-law for the development of common European rules is unquestionable. The practice of national criminal courts as well as national legal doctrine has been heavily influenced by judgments of the ECourtHR. The systematization of case-law concerning criminal procedure is today considered to be an import task of European and national criminal law experts. In this article several factors limiting the impact of Strasbourg case-law on the harmonization of criminal procedure law have been pointed out. The heterogeneity of 47 different European legal orders and the flexible way of implementation of ECourtHR judgments complicates the development of precise rules which are foreseeable to lawyers in European countries. The case overload crisis of the ECourtHR which has been deepening in the past years also may significantly weaken the mechanism and its impact on harmonization. In general, criminal procedure rules formulated by the ECourtHR are mostly regarded as minimum standards. Since the adoption of the Amsterdam Treaty there have been discussions and projects concerning the harmonization of criminal procedure within the European Union. A proposal for a framework decision on certain procedural rights in criminal proceedings throughout the European Union has been presented by the European Commission in 2004. The future of the proposal is uncertain as several EU member states oppose the idea of a legally binding instrument on criminal procedure rights. In any case, a new EU instrument of harmonization has to respect the standards already set out by the ECourtHR.
keywords: harmonization of criminal procedure; European Court of Human Rights; heterogeneity of European legal orders; case overload; European Union
Vliv judikatury Evropského soudu pro lidská práva na harmonizaci trestního řízení v Evropě is licensed under a Creative Commons Attribution 4.0 International License.
230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478
