Comparative constitutional view on the institute of European arrest warrant and failings of Slovak legal regulation Cover Image

KOMPARATÍVNY ÚSTAVNOPRÁVNY POHĽAD NA INŠTITÚT EURÓPSKEHO ZATÝKACIEHO ROZKAZU A NEDOSTATKY SLOVENSKEJ ÚSTAVNEJ ÚPRAVY
Comparative constitutional view on the institute of European arrest warrant and failings of Slovak legal regulation

Author(s): Milan Hodás
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Palackého v Olomouci_1
Keywords: European arrest warrant; relation between the State and its citizens; the principle of non-extradition; the clarity of legal language; the need to amend the Constitution of the Slovak Republic

Summary/Abstract: The issue of European arrest warrant touches the sensitive relationship between the state and citizens, which has a significant constitutional dimension. In this article, the author deals with constitutional changes triggered by the need to implement the European arrest warrant into the national law. Based on the comparison of constitutional changes in Poland and Germany in the context of the requirements for clarity of the legal language, the author concluded that the Slovak Constitution would require amendment of the text of Constitution which shall clearly show that citizens of the Slovak Republic can be extradited for prosecution abroad. It seems to be appropriate to supplement the constitutional limits for extraditing citizens for prosecution abroad through the formulation that the principles and requirements of the rule of law have to be observed.

  • Issue Year: 6/2011
  • Issue No: 2
  • Page Range: 51-72
  • Page Count: 22
  • Language: Slovak
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