The Civil and Criminal Judicial Cooperation in the Field of European Union: Procedural Instruments (CAJI)
EspañolCreated in 2003, the group consists mostly of professors from the universities of Burgos and Valladolid, who are involved usually economic in charge of public institutions such as the Ministry of Education and Science, the Junta of Castilla y León and even European as the European Commission. The object of the research group is the study and analysis of the different instruments or mechanisms made available by the legislation of the European Union to enable collaboration between judges and courts of different Member States during the process, both in the field of civil courts as a criminal; hence the rubric of "judicial cooperation" and cooperation on matters of Justice and Home Affairs (CAJI in spanish) adopted the latter in the institutional framework of the European Union since the Treaty of Maastricht and now updated under the name "European judicial space" from the Treaty of Lisbon signed on 13 December 2007. from this text is to be understood applicable in this field not only the principle of mutual recognition but also the legislative approach as the legal basis for the construction of the European judicial area made checking the difficulty of using only the first of them.
Destacados
Mutual recognition 2.0 (MR2.0): Research Project. Referencia: 2023/00085/001
MR2.0 Background EU law provides the national authorities of the Member States with a wide range of instruments concerning judicial cooperation in criminal matters: the European Investigation Order (EIO), the European Surveillance Order (ESO), the European arrest warrant (EAW), mutual recognition of custodial sentences (FD 2008/909), mutual recognition of probation decisions and alternative sanctions (FD 2008/947) and the EU Convention on Mutual Assistance in Criminal Matters between the Member States of the EU. With exception of the EU Convention, all of these EU instruments are based on the principle of mutual recognition, which in turn is based on the principle of mutual trust. The 1972 Council of Europe Convention on the Transfer of Proceedings in Criminal Matters completes the network. As a whole, these instruments cover criminal proceedings from the start of the investigation stage through the trial stage to the sentence enforcement stage. During the proceedings, national authorities (such as public prosecutors or courts) may be confronted with the need for judicial cooperation with the authorities of another Member State and, if so, may be confronted with a choice between the application of two or more instruments. This raises the issue of effective and coherent application of the instruments mentioned above. The notion of ‘effective and coherent application’ of instruments on judicial cooperation in criminal matters has two distinct aspects. Firstly, in deciding whether to initiate a request for judicial cooperation the assessment on which the decision is based must encompass all relevant (i.e. possibly applicable) instruments. Otherwise, it would not be possible to give preference to an effective but less burdensome alternative. Secondly, the application of the instruments and the choices made must be consistent. The project is a continuation of two previous projects coordinated by Maastricht University and the District Court of Amsterdam, ImprovEAW and InAbsentiEAW.
Strengthening Trust in the European Criminal Justice Area through Mutual Recognition and the Streamlined Application of the European Arrest Warrant (Stream)
By advancing the state-of-the-art knowledge on questions raised and solutions adopted by EU and national courts to secure surrender procedures’ compliance with relevant criminal justice rules and safeguards, the project will help in addressing the interpretative doubts and practical challenges that currently hamper mutual recognition of EAWs. The Lisbonisation of the European Criminal Justice Area gradually introduced new EU legal standards – substantial and procedural guarantees – that currently apply to EAW issuing and validation, EAW recognition and execution, and access to effective remedies pre and post surrender.
Assistant Professor with a specialization in law and society or law and politics for College of Liberal Arts at California Polytechnic State University (Cal Poly), San Luis Obispo, California
The Department of Political Science in the College of Liberal Arts at California Polytechnic State University (Cal Poly), San Luis Obispo, California, invites applications for a full-time, tenure-track, academic-year Assistant Professor with a specialization in law and society or law and politics, to begin September 16, 2024. Ph.D. in Political Science or a related field is required at time of appointment. Evidence of strong teaching skills and an active research program is required.
Summer School “The EU Area of Criminal Justice” 3-7 July 2023
The European Criminal Law Academic Network (ECLAN) is pleased to announce the 19th edition of the ECLAN Summer School on “The EU Area of Criminal Justice” to be held from 3 to 7 July 2023, in Brussels (Institut d'études européens, ULB).
Última actualización: 24 de Junio de 2024
