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8. The evaluation of European criminal law

Author

Ambrož, Matjaž, Bosch, Laura C., Böse, Martin, Chatzinikolaou, Nikolaos, De Hert, Paul, Javier de León, Francisco, Gamberini, Giulietta, Giannakoula, Athina, Grasso, Giovanni, Kaiafa-Gbandi, Maria, Łazowski, Adam, Ligeti, Katalin, Lucifora, Annalisa, Maroto, Manuel, Millen, Jürgen, Papakyriakou, Theodor, Plesničar, Mojca M, Poelemans, Maitena, Ángel Rodríguez, Miguel, Roth, Robert, Santamaria, Veronica, Spencer, John R., Švedas, Gintaras, Weyembergh, Anne, Weyembergh, Anne, and Santamaria, Veronica

Subjects
European Studies, Criminal Law, bic Book Industry Communication::L Law::LB International law::LBB Public international law::LBBZ International criminal law
Abstract

The role of evaluation has become increasingly important in the context of EU policies in the field of judicial cooperation in criminal matters. This evolution is the result of an increasing number of legally binding instruments adopted in the framework of the third pillar of the European Union and of their growing impact on national legal systems.

Published
2009

15. Switching Gear: Law Approximation in Ukraine After the Application for EU Membership Authors

Author

Komarova, Tetyana, Łazowski, Adam, Komarova, Tetyana, and Łazowski, Adam

Abstract

In the wake of a full-scale Russian invasion, Ukraine applied for EU membership on 28 February 2022. In a matter of months, it was formally confirmed by the European Council as a candidate country. This has had a plethora of consequences; one of them is the obligation to approximate its national law with the EU acquis in its entirety. Unless there is a change of paradigm in EU pre-accession policy, transitional arrangements are strictly the exception to the rule, and therefore the law approximation effort has to go way beyond existing commitments under the EU-Ukraine Association Agreement, the Energy Community Treaty, and the Civil Aviation Agreement. Such switching of gear in the law approximation process comes with additional layers of complexity. For instance, compliance with the horizontal provisions of the Treaty on the Functioning of the European Union governing freedoms of the internal market requires comprehensive screening of national law before any legislative changes are made. Furthermore, law approximation with EU legal acts which can only apply when a country becomes a Member State must be carefully planned and timed. The legal system must be ready to accommodate EU law, with all the principles governing enforcement, including the direct application of EU regulations. While this is all doable, it must be handled with care, especially in a country whose economy and society at large have been shattered by war.

Published
2023

18. The EU-UK Post-Brexit Trade Agreement: Forging Partnership or Managing Rivalry?

Author

Larik, Joris, Wessel, Ramses A., Łazowski, Adam, Cygan, Adam, and Protecting European Citizens and Market Participants

Abstract

Chapter 6 provides an overview of the post-Brexit EU-UK Trade and Cooperation Agreement as an international agreement, situating it in the wider, new domain of law governing post-Brexit EU-UK relations. Wessel and Larik assess the extent to which the Trade and Cooperation Agreement lives up to the ambitions of its parties as well as the codified inherent tensions between them. They argue that it is, first and foremost, a complex instrument designed to manage de-Europeanisation, and arguably disintegration as well as the persistent tensions that continue between both sides and which in the immediate aftermath of Brexit do not show any signs of dissipating.

Published
2022

21. Mind the Fog, Stand Clear of the Cliff! From the Political Declaration to the Post-Brexit EU-UK Legal Framework - Part I

Author

Łazowski, Adam

Subjects
eu-uk trade and cooperation agreement, direct effect, lcsh:Law, political declaration, lcsh:KJ-KKZ, institutional framework, human rights, lcsh:Law of Europe, brexit, lcsh:K
Abstract

European Papers - A Journal on Law and Integration, 2020 5(3), 1105-1141, I. Introduction. - II. Genesis of the Political Declaration. - III. Transitional period and post-Brexit negotiations. - III.1. The transitional period: raison d'être and the basic parameters. - III.2. Political Declaration and negotiations of the future EU-UK framework. - III.3. Post-Brexit negotiations. IV. Post-Brexit legal framework: from the drawing board to the Christmas Eve deal. - IV.1. Introduction. - IV.2. The big picture: the EU's relations with neighbours. - IV.3. Towards the post-Brexit legal framework: the Political Declaration and early proposals. - V. The post-Brexit EU-UK legal framework: an overview. - V.1. Introduction. - V.2. EU-UK Trade and Cooperation Agreement. - V.3. Euratom-UK Agreement on Cooperation on the Safe and Peaceful Uses of Nuclear Energy. - V.4. EU-UK Agreement on Security Procedures for the Exchange of Classified Information. - V.5. EU-UK Withdrawal Agreement. - VI. Foundations for EU-UK cooperation. - VI.1. Introduction. - VI.2. The future relationship based on shared values. - VII. Institutional set-up. - VII.1. Introduction. - VII.2. Institutional framework in the EU-UK Withdrawal Agreement. - VII.3. Skeleton of the institutional structure envisaged in the Political Declaration. - VII.4. EU-UK Joint institutions in the post-Brexit framework. - VIII. Conclusions., The Brexit saga has reached a watershed moment. The United Kingdom withdrew from the European Union on 31 January 2020 and, following the expiry of the transitional period laid down in the EU-UK Withdrawal Agreement (EU-UK WA), it ceased to be bound by EU law. By the same token, it entered unchartered waters as a former EU Member State trying to find its place in an economically integrated world. This Article takes stock of the legal affairs as they stood on 1 January 2021. Yet, at the same time, it puts the new EU-UK legal framework in a broader perspective. For this purpose, it treats as a point of reference the Political Declaration, which was signed alongside the EU-UK Withdrawal Agreement. A good chunk of its potential has materialised in the EU-UK Trade and Cooperation Agreement (EU-UK TCA), although in some respects the proposals laid down in the Political Declaration are yet to turn into reality. Thus, to confine it to history books would be rather premature. While it is impossible to predict the future, the time is right to put the EU-UK legal framework under the microscope and to analyse its main legal parameters. The present Article offers such an insight. In part I, the centre of gravity is on institutional matters.

Published
2021

24. SWITCHING GEAR: LAW APPROXIMATION IN UKRAINE AFTER THE APPLICATION FOR EU MEMBERSHIP.

Author

Komarova, Tetyana and Łazowski, Adam

Subjects
*EUROPEAN Union law, *INTERNAL marketing, *JUSTICE administration, *BREXIT Referendum, 2016, *WAR, EUROPEAN Union membership
Abstract

In the wake of a full-scale Russian invasion, Ukraine applied for EU membership on 28 February 2022. In a matter of months, it was formally confirmed by the European Council as a candidate country. This has had a plethora of consequences; one of them is the obligation to approximate its national law with the EU acquis in its entirety. Unless there is a change of paradigm in EU pre-accession policy, transitional arrangements are strictly the exception to the rule, and therefore the law approximation effort has to go way beyond existing commitments under the EU-Ukraine Association Agreement, the Energy Community Treaty, and the Civil Aviation Agreement. Such switching of gear in the law approximation process comes with additional layers of complexity. For instance, compliance with the horizontal provisions of the Treaty on the Functioning of the European Union governing freedoms of the internal market requires comprehensive screening of national law before any legislative changes are made. Furthermore, law approximation with EU legal acts which can only apply when a country becomes a Member State must be carefully planned and timed. The legal system must be ready to accommodate EU law, with all the principles governing enforcement, including the direct application of EU regulations. While this is all doable, it must be handled with care, especially in a country whose economy and society at large have been shattered by war. [ABSTRACT FROM AUTHOR]

Published
2023
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37. International Agreements in the Legal Orders of the Candidate Countries

Author

Hoffmeister, Frank, primary, Evtimov, Erik, additional, Týč, Vladimir, additional, Emiliou, Nicholas, additional, Pärn, Evelin, additional, Várhelyi, Olivér, additional, Luters-Thümmel, Dace, additional, Vadapalas, Vilenas, additional, Jarukaitis, Irmantas, additional, Frendo, Michael, additional, Piscopo, Ramona, additional, Łazowski, Adam, additional, Grozavescu, Ilinca, additional, Boháčik, Branislav, additional, Vehar, Primož, additional, Ilešič, Tomaž, additional, and Sen, Murat, additional

Published
2002
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41. Constitution of the Republic of Poland

Author

Bach-Golecka, Dobrochna, Bosek, Leszek, Capik, Agata Barbara, Chybalski, Piotr, Czarny, Piotr, Dąbek, Dorota, Dębowska-Romanowska, Teresa, Dudek, Dariusz, Dybowski, Maciej, Gierach, Ewelina, Golecki, Mariusz Jerzy, Góral, Lesław, Grzebyk, Patrycja, Grzegorczyk, Paweł, Karlik, Piotr, Koperkiewicz-Mordel, Katarzyna, Kozłowski, Krzysztof, Laskowska, Marzena, Łazowski, Adam, Mariański, Adam, Mączyński, Andrzej, Miemiec, Wiesława, Naleziński, Bogumił, Nykiel, Włodzimierz, Ofiarska, Małgorzata, Ofiarski, Zbigniew, Piątek, Wojciech, Podkowik, Jan, Sadomski, Jacek, Sakowicz, Andrzej, Sawicka, Krystyna, Skoczylas, Andrzej, Steinborn, Sławomir, Stębelski, Marcin, Szczucki, Krzysztof, Szczurowski, Bartosz, Szpunar, Maciej, Tuleja, Piotr, Weitz, Karol, Wiącek, Marcin, Wiliński, Paweł, and Safjan, Marek

Published
2016

43. THE SKY IS NOT THE LIMIT: MUTUAL TRUST AND MUTUAL RECOGNITION APRÈS ARANYOSI AND CĂ LDĂ RARU.

Author

Łazowski, Adam

Subjects
*JURISPRUDENCE
Abstract

In the present article, judgments of the European Court of Justice, together with the case of Aranyosi and Căldăraru, are put under the academic microscope. The analysis is conducted through the lenses of domestic judges. It starts by drawing a broader picture of the challenges that the domestic judiciary faces when it comes to EU criminal law, in particular the mutual recognition instruments. It argues that judges are faced not only with the legal framework of sometimes questionable quality but also with potential confl icts of loyalty resulting from the multiplicity and occasional inconsistency of applicable legal regimes. In turn, the analysis moves to the exegesis of the Aranyosi and Căldăraru line of jurisprudence, in particular to the already mentioned security vs justice conundrum, which domestic judges sometimes face. The article ends with conclusions looking into the current state of affairs, and suggestions are made regarding the way forward. [ABSTRACT FROM AUTHOR]

Published
2018
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44. The future of mutual recognition in criminal matters in the European Union / L’avenir de la reconnaissance mutuelle en matière pénale dans l’Union européenne

Author

Vernimmen-Van Tiggelen, Gisèle, Surano, Laura, Weyembergh, Anne, Adamo, Silvia, Assenova, Mila, Braum, Stefan, Caeiro, Pedro, Chinova, Margarita, Conway, Gerard, De Amicis, Gaetano, Fidalgo, Sónia, Filletti, Stefano, Gatt, Alison, Ionescu, Diana, Kert, Robert, Łazowski, Adam, Ligeti, Katalin, Mickevičius, Darius, Mihelj Plesničar, Mojca, Mitsilegas, Valsamis, Poelemans, Maitena, and Santamaria, Veronica

Subjects
European Union, bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LNF Criminal law & procedure::LNFB Criminal justice law
Abstract

In the EU’s fast-growing Area of Freedom, Security and Justice, the principle of mutual recognition should play a key role in the field of judicial cooperation in criminal matters.Since mutual recognition was enshrined as a cornerstone of judicial cooperation in the EU by the European Council of Tampere in 1999, an increasing number of binding instruments based on this principle have been adopted in the framework of the EU’s Third Pillar.The considerable impact of those instruments on national criminal legal systems has often required a major effort by Member States in adjusting their national legislation so that it complies with the new mechanisms agreed at EU level. What are the real difficulties encountered by Member States in the transposition of these legislative texts into national law and, even earlier, when the texts are being negotiated within the Council of the EU? What lessons can be learned from the early years of their practical implementation by the competent judicial authorities? And, above all, what will be the future role and scope of the principle of mutual recognition in criminal matters in Europe? The entry into force of the Lisbon Treaty and the adoption of a new multi-annual programme (replacing the Hague Programme) to strengthen the EU’s Area of Freedom, Security and Justice are both pending. In this crucial time of transition and uncertainty, the book seeks to provide answers to the above questions and many other related issues. Through its country by country approach covering the vast majority of the Member States, it intends to provide policymakers, practitioners, academics and researchers with a comprehensive analysis of the problems that have emerged and the solutions envisaged by each State in their implementation of mutual recognition instruments. The country chapters are followed by a final EU-wide analysis that seeks to identify common themes and obstacles and to consider future options and possible scenarios. The whole study, based on in-depth research combined with interviews conducted with hundreds of practitioners and experts from across the EU, amounts to a remarkable team performance carried out together with academics and researcher members of ECLAN (European Criminal Law Academic Network).

Published
2009

47. Fundamental rights protection in the European Union

Author

Barcz, Jan, Jasiński, Filip, Łazowski, Adam, and Podstawa, Karolina

Subjects
Karta praw podstawowych Unii Europejskiej, Prawa człowieka (prawo europejskie), Prawa człowieka
Published
2009

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