EAW & Extradition- Free movement convicted persons
9 important questions on EAW & Extradition- Free movement convicted persons
EAW issue brexit?
first question that was asked by eu judge vy irish judge this was when uk was leaving the transition period. the defendant in irish case, by the time im judged in uk they are no longer eu. post brexit trail might be a problem. the court said look just point out th eeu can you further than council of europe. t is the situation post brexit?
Which new hr refusal ground is going to be added?
What is diffrence eaw execution and investigation
Special category: in absentia, not yet final
Execution: far more info, goals punishment, reintegration perspectives, specific MR regime preferable
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What refusal grounds did the brits add to their own system?
What did directive 2016 do?
•Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings
•Transposition date: 2018
What issues are discussed in directive 2016?
art.5 presentation in the case
art.6 burden of proof
What does burden of proof not include?
Is there a proportionality condition on punishment echr?
But often ECtHR cases where disproportionately heavy sanction is found to be excessive limitation of Convention rights, e.g.
Free speech (chilling effect on others)
Right to property
Right to vote
What was orginally the scope of ne bis idem?
The question on the page originate from the summary of the following study material:
- A unique study and practice tool
- Never study anything twice again
- Get the grades you hope for
- 100% sure, 100% understanding
