Cross-border Transfer of Prisoners in the Light of the Case-law of the Court of Justice of the European Union
- Autores: Klimek L.1
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Afiliações:
- Matej Bel University
- Edição: Volume 11, Nº 6 (2021)
- Páginas: 129-155
- Seção: Articles
- URL: https://journals.eco-vector.com/2223-0092/article/view/537705
- DOI: https://doi.org/10.33693/2223-0092-2021-11-6-129-155
- ID: 537705
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Resumo
A set of cases of the Court of Justice of the European Union have been adopted, supplementing the Framework Decision 2008/909/JHA on mutual recognition of custodial sentences and deprivation of liberty. In five sections the paper analyses relevant cases. In each case at the outset a reference for a preliminary ruling is mentioned. Further, dispute in the main proceedings and the question(s) referred for a preliminary ruling are analysed. The most important parts of analyses are considerations by the Court of Justice and its rulings.
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Sobre autores
Libor Klimek
Matej Bel University
Email: libor.klimek@umb.sk
Associate Professor at the Department of Criminal Law, Criminology, Criminalistics and Forensic Disciplines; Director of the Criminology and Criminalistics Research Centre at the Faculty of Law of the Matej Bel University, Banská Bystrica, Slovak Republic; Visiting Professor at the Faculty of Law of the Leipzig University in Germany. Banská Bystrica, Slovak Republic
Bibliografia
- Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States as amended by the Framework Decision 2009/299/JHA. Official Journal of the European Communities. L 190/1 of 18 July 2002.
- Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties. Official Journal of the European Union. L 76/16 of 22 March 2005.
- Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders. Official Journal of the European Union. L 328/59 of 24 November 2006. In 2018 replaced and repealed by the Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders. Official Journal of the European Union. L 303/1 of 28 November 2018.
- Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings. Official Journal of the European Communities. L 220/32 of 15 August 2008.
- Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union as amended by the Framework Decision 2009/299/JHA. Official Journal of the European Union. L 327/27 of 5 December 2008.
- Council of the European Union (2014): “Council Framework Decision 2008/909/JHA”, 9885/14.
- Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters. Official Journal of the European Union. L 130/1 of 1 May 2014.
- European Commission (2014): “Report from the Commission to the European Parliament and the Council on the implementation by the Member States of the Framework Decisions 2008/909/JHA, 2008/947/JHA and 2009/829/JHA on the mutual recognition of judicial decisions on custodial sentences or measures involving deprivation of liberty, on probation decisions and alternative sanctions and on supervision measures as an alternative to provisional detention”, COM (2014) 57 final.
- European Commission (2014): “Tables State of play and Declarations accompanying the document Report from the Commission to the European Parliament and the Council on the implementation by the Member States of the Framework Decisions 2008/909/JHA, 2008/947/JHA and 2009/829/JHA on the mutual recognition of judicial decisions on custodial sentences or measures involving deprivation of liberty, on probation decisions and alternative sanctions and on supervision measures as an alternative to provisional detention”, Commission staff working document, SWD (2014) 34 final.
- Klimek L. Mutual Recognition of Judicial Decisions in European Criminal Law. Cham: Springer, 2017. 742 p.
- Opinion of Advocate General Bobek delivered on 28 July 2016. Case C-289/15 - Grundza.
- Opinion of Advocate General Bot delivered on 3 May 2016. Case C-554/14 - Criminal proceedings against Atanas Ognyanov.
- Opinion of Advocate General Jean Richard De La Tour delivered on 8 October 2020. Case C-221/19 - AV.
- Opinion of Advocate General Pikamäe delivered on 16 May 2019. Case C-314/18 - Openbaar Ministerie versus SF.
- Opinion of Advocate General Sánchez-Bordona delivered on 27 November 2018. Case C-573/17 - Openbaar Ministerie versus Daniel Adam Popławski.
- Request for a preliminary ruling from the District Court in Amsterdam (Rechtbank Amsterdam) (Netherlands) lodged on 28 September 2017. Openbaar Ministerie versus Daniel Adam Popławski (Case C-573/17).
- Request for a preliminary ruling from the District Court in Amsterdam (Rechtbank Amsterdam) (Netherlands) lodged on 8 May 2018. Openbaar Ministerie versus SF (Case C-314/18).
- Request for a preliminary ruling from the District Court in Prešov (Krajský súd v Prešove) (Slovak Republic) lodged on 15 June 2015. Jozef Grundza (Case C-289/15).
- Request for a preliminary ruling from the Regional Court in Gdańsk (Sąd Okręgowy w Gdańsku) (Poland) lodged on 11 March 2019. Criminal proceedings against AV (Case C-221/19).
- Request for a preliminary ruling from the Sofia City Court (Sofiyski gradski sad) (Bulgaria) lodged on 3 December 2014. Criminal proceedings against Atanas Ognyanov (Case C-554/14).
Arquivos suplementares
