The Judicial Cooperation in Criminal Matters in the European Union. The Discipline of the European Arrest Warrant

      Аннотация: The field of judicial cooperation in criminal matters in the European Union is of extreme interest to the Member States, as it enhances national judicial capacity through the understanding and use of the EU legal system. Within this system of legal principles, enforcement procedures, diverse instruments and various substantive areas, one of the most innovative and complex aspects is the European Arrest Warrant. Via EAW implementation, the EU is creating a system of judicial cooperation based on the sole pillar of the principle of mutual recognition. This is even clearer when we realize that fundamental individual guarantees and rights are leveled in order to reach the objective of preserving and developing a space of freedom, security and justice. The rationale of the Third Pillar (along with mutual recognition) was the enhancement of security, and the assumption that Member States are not capable of attaining effective results on their own. This book argues that the issues of identity, legitimacy and sovereignty should be strongly taken into consideration and a constitutional discourse, which supports the shift from simple cooperation toward effective integration, is much needed.

Ключевые слова: European Arrest Warrant, european union law, International law, criminal matters, European Court of justice, European Union, judicial cooperation, mutual recognition, International Penal Law, Corpus Juris, International Criminal Court, Treaty on European Union, Treaty on the functioning of the European Union, Charter of Fundamental Rights of the European Union, European judicial space, Fundamental Rights, mutual trust, EU Criminal law, Ne Bis In Idem, Procedural Rights, Autonomous Concepts, Extradition, International Criminal Law, Framework Decision on EAW, TUE, TFUE, EU, criminal procedure