PROCEDURAL GUARANTEES OF A PERSON DETAINED IN THE EUROPEAN ARREST WARRANT Cover Image

GWARANCJE PROCESOWE OSOBY ZATRZYMANEJ W PROCEDURZE EUROPEJSKIEGO NAKAZU ARESZTOWANIA
PROCEDURAL GUARANTEES OF A PERSON DETAINED IN THE EUROPEAN ARREST WARRANT

Author(s): Robert Rynkun-Werner
Subject(s): Criminal Law, Civil Law, Sociology of Law, Court case
Published by: Wydawnictwo im. Prof. L.J. Krzyżanowskiego WSM w Warszawie
Keywords: european arrest warrant; procedural guarantees; transmission; right to information;

Summary/Abstract: The aim of the article is to present a summary of the subsequent directives of the European Parliament and the Council introduced into the European legal order in the years 2002-2018, relating to procedural guarantees of persons detainedunder the procedurę covered by the European Arrest Warrant.The principles set out in the directives, which were than implemented into the national legal order, were intended to ensure that the detained person had the right to fair court proceedings, including the right to defense, resulting from the treaties adopted in this regard. Their adoption was the implementation of the shedule of actions aimed at strengthening the procedural rights of persons suspected or accused in criminal proceedings set out in the Council resolution of November 30 November 2009, under which protection measures were to be systematically introduced. The article adopted a confi rmed hypothesis that this process was long-lasting and resulted in, among others, of a numer of procedural guarantees in the Polish legal system, such as the right to interpreting and written translation; the right to legal assistance from the offi ce, including the lawyer, the right to information about the detained person’s rights during the EAW proceedings. The study was based on the fomatic method related to logical-linguistic analysis and the presentation of the legal text and its interpretation.

  • Issue Year: 45/2024
  • Issue No: 2
  • Page Range: 133-149
  • Page Count: 17
  • Language: Polish
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