After Pisciotti and Petruhhin (and waiting for CJEU's decision on the question raised by the Wiesbaden Court) it seems that extradition law must face a new challenge.
European Investigation order and rights of the defenceNicola Canestrini
How is internatoinal criminal cooperation on EU level affected by fundamental rights? "Online Conference “European Investigation Order – Legal Analysis and Practical Dilemmas”,
Asylum Procedures in the EU_A Method in the Madness_by Elisabeth VosElisabeth Vos LL.M.
This document is a thesis that analyzes whether Article 23(1) of the EU Procedures Directive, which restricts the scope of legal representation for asylum applicants, is consistent with the fundamental right to an effective remedy.
The thesis begins by outlining the legal context of the right to an effective remedy under international, European, and EU law. It then discusses the Common European Asylum System and the EU Procedures Directive, focusing on Article 23(1) which leaves discretion to Member States regarding legal assistance.
The thesis will then analyze Article 23(1) to determine if it restricts fundamental rights and ensure effective judicial protection. It will assess the impact of Member State discretion and the potential threats
Militello finanz terrorismo traffico e tratta ue 2019 bruxelles enVincenzo58
Future challenges in the Area of Freedom, Security and Justice: a reflection upon Terrorism Financing, Human Trafficking and Smuggling.
Presentation of two research of the Department of Law - University of Palermo at European Parliament, (Room ASP 3H-1) Brussels 1 April 2019, 15.00-17.30.
ALL ABOUT CONSTITUTION IN MYANMAR ENGLISH-BURMESE VERSION COLLECTION BY MYO AUNGMYO AUNG Myanmar
ALL ABOUT CONSTITUTION IN MYANMAR ENGLISH-BURMESE VERSION COLLECTION
1.MILITARY BACKED GOVERNMENT Constitution, 2008 ENGLISH-BURMESE VERSION
2.THE CONSTITUTION OF THE UNION OF BURMA (1974)-ENGLISH VERSION
3.THE CONSTITUTION OF THE UNION OF BURMA (1974)-BURMESE VERSION
4.The-constitution-of-the-federal-republic-of-the-union-of-burma-second-draft
This document outlines the European Convention on Human Rights. It establishes the European Court of Human Rights to ensure compliance with the rights defined in the Convention. The Convention guarantees several civil and political rights, including the right to life, prohibition of torture, right to a fair trial, freedom of expression, and prohibition of discrimination. It allows for limited restrictions on some rights if they are prescribed by law and necessary in a democratic society. The Court consists of a number of judges equal to the number of member states and handles cases regarding alleged violations of the Convention.
Строк, протягом якого до Європейського суду з прав людини може бути подана заява стосовно остаточного національного рішення, скорочується з шести місяців (станом на сьогодні) до чотирьох.
"ALEKSEI PETRUHHIN" European court of Justice case analysis by Navinya Kamble...NAVINYAKAMBLE1
The responsibility of Member States to extradite individuals to third countries is generally within their jurisdiction. However, according to the ruling in Aleksei Petruhhin (Court of Justice, judgment of 6 September 2016, case C-182/15 [GC]), Member States must exercise this power in light of EU law, particularly when an extradition request may infringe on the fundamental rights of an EU citizen protected under the Treaties and the Charter of Fundamental Rights of the European Union. This is particularly relevant when an EU citizen has exercised their right to free movement by moving to another Member State. For instance, in the case of Petruhhin, an Estonian citizen who was residing in Latvia when Russia requested his extradition, the national law of Latvia did not extend the same level of protection against extradition to foreign citizens as it did to Latvian nationals. The Court of Justice deemed such extradition of an EU citizen to a third State generally prohibited under Art. 18 TFEU and only acceptable if prosecution in the home Member State is impossible. The case also confirms previous rulings that the extradition of an EU citizen is not permissible if their fundamental rights under the Charter are endangered in the requesting State. Such rights include the prohibition against torture and degrading treatment. Therefore, a rigorous verification of the level of protection of human rights in the related third State must be undertaken by the Member State before deciding whether to grant the extradition request.
European Investigation order and rights of the defenceNicola Canestrini
How is internatoinal criminal cooperation on EU level affected by fundamental rights? "Online Conference “European Investigation Order – Legal Analysis and Practical Dilemmas”,
Asylum Procedures in the EU_A Method in the Madness_by Elisabeth VosElisabeth Vos LL.M.
This document is a thesis that analyzes whether Article 23(1) of the EU Procedures Directive, which restricts the scope of legal representation for asylum applicants, is consistent with the fundamental right to an effective remedy.
The thesis begins by outlining the legal context of the right to an effective remedy under international, European, and EU law. It then discusses the Common European Asylum System and the EU Procedures Directive, focusing on Article 23(1) which leaves discretion to Member States regarding legal assistance.
The thesis will then analyze Article 23(1) to determine if it restricts fundamental rights and ensure effective judicial protection. It will assess the impact of Member State discretion and the potential threats
Militello finanz terrorismo traffico e tratta ue 2019 bruxelles enVincenzo58
Future challenges in the Area of Freedom, Security and Justice: a reflection upon Terrorism Financing, Human Trafficking and Smuggling.
Presentation of two research of the Department of Law - University of Palermo at European Parliament, (Room ASP 3H-1) Brussels 1 April 2019, 15.00-17.30.
ALL ABOUT CONSTITUTION IN MYANMAR ENGLISH-BURMESE VERSION COLLECTION BY MYO AUNGMYO AUNG Myanmar
ALL ABOUT CONSTITUTION IN MYANMAR ENGLISH-BURMESE VERSION COLLECTION
1.MILITARY BACKED GOVERNMENT Constitution, 2008 ENGLISH-BURMESE VERSION
2.THE CONSTITUTION OF THE UNION OF BURMA (1974)-ENGLISH VERSION
3.THE CONSTITUTION OF THE UNION OF BURMA (1974)-BURMESE VERSION
4.The-constitution-of-the-federal-republic-of-the-union-of-burma-second-draft
This document outlines the European Convention on Human Rights. It establishes the European Court of Human Rights to ensure compliance with the rights defined in the Convention. The Convention guarantees several civil and political rights, including the right to life, prohibition of torture, right to a fair trial, freedom of expression, and prohibition of discrimination. It allows for limited restrictions on some rights if they are prescribed by law and necessary in a democratic society. The Court consists of a number of judges equal to the number of member states and handles cases regarding alleged violations of the Convention.
Строк, протягом якого до Європейського суду з прав людини може бути подана заява стосовно остаточного національного рішення, скорочується з шести місяців (станом на сьогодні) до чотирьох.
"ALEKSEI PETRUHHIN" European court of Justice case analysis by Navinya Kamble...NAVINYAKAMBLE1
The responsibility of Member States to extradite individuals to third countries is generally within their jurisdiction. However, according to the ruling in Aleksei Petruhhin (Court of Justice, judgment of 6 September 2016, case C-182/15 [GC]), Member States must exercise this power in light of EU law, particularly when an extradition request may infringe on the fundamental rights of an EU citizen protected under the Treaties and the Charter of Fundamental Rights of the European Union. This is particularly relevant when an EU citizen has exercised their right to free movement by moving to another Member State. For instance, in the case of Petruhhin, an Estonian citizen who was residing in Latvia when Russia requested his extradition, the national law of Latvia did not extend the same level of protection against extradition to foreign citizens as it did to Latvian nationals. The Court of Justice deemed such extradition of an EU citizen to a third State generally prohibited under Art. 18 TFEU and only acceptable if prosecution in the home Member State is impossible. The case also confirms previous rulings that the extradition of an EU citizen is not permissible if their fundamental rights under the Charter are endangered in the requesting State. Such rights include the prohibition against torture and degrading treatment. Therefore, a rigorous verification of the level of protection of human rights in the related third State must be undertaken by the Member State before deciding whether to grant the extradition request.
#NoTranslationNoJustice. The illusionary right to translation in Italian crim...Nicola Canestrini
The document discusses the right to translation in criminal proceedings, arguing that it is a prerequisite to the fundamental right to a fair trial. It notes that free and adequate linguistic assistance is necessary to fully exercise the right of defense and safeguard a fair trial. However, it argues that in some countries like Italy, the right to translation is illusory rather than practical due to underpayment of translators and interpreters, lack of competence assessment, and failure to translate all essential documents like the 27,000 page investigation file in a high profile case. The document concludes that to be meaningful, the right to translation must be practical and effective rather than theoretical.
Fundamental rights defense: strategic litigation EU crimilal lawNicola Canestrini
Stretegic litigation in EU criminal law aims to improve an effective use of a powerful yet underused tool to protect fundamental rights in the European Union: the Charter of Fundamental Rights (CFR).
Transfer of multiple criminal proceedings in the EU is based in practice on voluntary basis by prosecution on Eurojust level. Is it time for a new Eu binding instruments, which has to include the criterium regarding where defendant can exercise his/her defense rights at the highest level? My German presentation at the 14th EU Strafrechtstag of German crminal lawyers in Bonnm Germany, "WENN DIE STRAFE ZWEIMAL DROHT. Übertragung von Strafverfahren und Jurisdiktionskonflikte."
Le norme che riconoscono e tutelano i diritti fondamentali costituiscono uno strumento imprescindibile per una corretta ricostruzione, interpretazione e applicazione del diritto interno. Una difesa effettiva ed efficace non può quindi prescindere dalla conoscenza della Convenzione europea dei diritti dell’uomo e delle norme di diritto dell’Unione Europea in materia di diritti fondamentali. La materia penale, sostanziale e procedurale, è posta di fronte a sfide particolarmente complesse che incidono in profondità sul volto stesso del diritto penale e che aprono scenari, almeno in parte, ancora imprevedibili.
Human Rights defense, il ruolo dell'avvocato nella difesa dei diritti fondame...Nicola Canestrini
The project lawyers for rights, co-funded by the Justice Programme of the European Union, aims at improving the understanding of the European Charter of Fundamental Rights via specific training activities addressed to lawyers. In the face of emerging challenges such as migrations and terrorism, lawyers play a key role in the protection of fundamental rights and need to have a better knowledge on the Charter and its application at national level.
Discorsi pubblici ostili. Rischi per human right defenders. Nicola Canestrini
This document discusses the risks faced by human rights defenders and lawyers around the world for exercising their professional duties. It notes that persecutions of lawyers are increasing as they are targeted for silencing due to their human rights activities. Examples of assassinated lawyers from Iran, Turkey, Spain, Colombia, the Philippines, Honduras, Pakistan are provided from 2011 to 2020. International principles guaranteeing the functioning of lawyers and protecting them from prosecution, sanctions or interference in their professional duties are also cited.
".. to use or not to use? Risks and advantages of trial by videolink for defe...Nicola Canestrini
This document discusses the potential advantages and risks of conducting trials by video-link for defense attorneys and ensuring effective defense. Some advantages mentioned are less time spent on travel and waiting, the ability to handle more cases and make more money. However, some risks discussed are less human engagement and relationship between the lawyer and client when remote, easier avoidance of questions from clients, issues regarding where the lawyer's place is in a remote trial, and potential technical problems. The document also questions the effects of remote trials on the psychological aspects of a case and the client's decision. It cites sources that note video is still not the same as being present in person.
European fair trial and effective participation rightsNicola Canestrini
This document discusses European fair trial and effective participation rights in criminal proceedings. It summarizes key principles like the presumption of innocence, right to be present at trial, and right to interpretation and translation. It outlines the "Swedish Roadmap" from 2009 that aimed to strengthen procedural rights through measures like the Right to Information, Access to a Lawyer, and ensuring rights for vulnerable suspects. Directives from 2010 onward implemented aspects of this roadmap to increase mutual trust and strengthen fundamental rights in the European Union criminal justice system. The document examines how the right to a fair trial under Article 6 requires opportunities for effective participation, noting areas like information rights, language access, and ability to follow court hearings.
Directive 2016/343 establishes rules concerning the presumption of innocence and the right to be present at trial in criminal proceedings under EU law. It requires Member States to ensure suspects and accused persons have an effective remedy if their rights under the Directive are breached. While in absentia trials are allowed under certain conditions, the right to be present at trial is considered a fundamental aspect of the right to a fair trial according to both EU and European Court of Human Rights jurisprudence. Videoconferencing may be used but actual physical presence is generally preferred to ensure full participation and understanding between the defendant and proceedings.
Gli effetti della pandemia provocata dalla diffusione del virus Covid-19 hanno investito tutti i settori delle attività sociali del Paese, compresa l’attività giudiziaria. Gli interventi normativi sono stati numerosi e spesso mal coordinati tra loro, rendendo necessaria una riflessione sullo stato di diritto, coem sulla normativa tecnica (art. 83, d.l. n. 18/20 c.d. «Cura Italia», convertito con modificazioni dalla l. 27/20, immediatamente modificata il giorno successivo alla sua pubblicazione dal d.l. 28/20).
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
#NoTranslationNoJustice. The illusionary right to translation in Italian crim...Nicola Canestrini
The document discusses the right to translation in criminal proceedings, arguing that it is a prerequisite to the fundamental right to a fair trial. It notes that free and adequate linguistic assistance is necessary to fully exercise the right of defense and safeguard a fair trial. However, it argues that in some countries like Italy, the right to translation is illusory rather than practical due to underpayment of translators and interpreters, lack of competence assessment, and failure to translate all essential documents like the 27,000 page investigation file in a high profile case. The document concludes that to be meaningful, the right to translation must be practical and effective rather than theoretical.
Fundamental rights defense: strategic litigation EU crimilal lawNicola Canestrini
Stretegic litigation in EU criminal law aims to improve an effective use of a powerful yet underused tool to protect fundamental rights in the European Union: the Charter of Fundamental Rights (CFR).
Transfer of multiple criminal proceedings in the EU is based in practice on voluntary basis by prosecution on Eurojust level. Is it time for a new Eu binding instruments, which has to include the criterium regarding where defendant can exercise his/her defense rights at the highest level? My German presentation at the 14th EU Strafrechtstag of German crminal lawyers in Bonnm Germany, "WENN DIE STRAFE ZWEIMAL DROHT. Übertragung von Strafverfahren und Jurisdiktionskonflikte."
Le norme che riconoscono e tutelano i diritti fondamentali costituiscono uno strumento imprescindibile per una corretta ricostruzione, interpretazione e applicazione del diritto interno. Una difesa effettiva ed efficace non può quindi prescindere dalla conoscenza della Convenzione europea dei diritti dell’uomo e delle norme di diritto dell’Unione Europea in materia di diritti fondamentali. La materia penale, sostanziale e procedurale, è posta di fronte a sfide particolarmente complesse che incidono in profondità sul volto stesso del diritto penale e che aprono scenari, almeno in parte, ancora imprevedibili.
Human Rights defense, il ruolo dell'avvocato nella difesa dei diritti fondame...Nicola Canestrini
The project lawyers for rights, co-funded by the Justice Programme of the European Union, aims at improving the understanding of the European Charter of Fundamental Rights via specific training activities addressed to lawyers. In the face of emerging challenges such as migrations and terrorism, lawyers play a key role in the protection of fundamental rights and need to have a better knowledge on the Charter and its application at national level.
Discorsi pubblici ostili. Rischi per human right defenders. Nicola Canestrini
This document discusses the risks faced by human rights defenders and lawyers around the world for exercising their professional duties. It notes that persecutions of lawyers are increasing as they are targeted for silencing due to their human rights activities. Examples of assassinated lawyers from Iran, Turkey, Spain, Colombia, the Philippines, Honduras, Pakistan are provided from 2011 to 2020. International principles guaranteeing the functioning of lawyers and protecting them from prosecution, sanctions or interference in their professional duties are also cited.
".. to use or not to use? Risks and advantages of trial by videolink for defe...Nicola Canestrini
This document discusses the potential advantages and risks of conducting trials by video-link for defense attorneys and ensuring effective defense. Some advantages mentioned are less time spent on travel and waiting, the ability to handle more cases and make more money. However, some risks discussed are less human engagement and relationship between the lawyer and client when remote, easier avoidance of questions from clients, issues regarding where the lawyer's place is in a remote trial, and potential technical problems. The document also questions the effects of remote trials on the psychological aspects of a case and the client's decision. It cites sources that note video is still not the same as being present in person.
European fair trial and effective participation rightsNicola Canestrini
This document discusses European fair trial and effective participation rights in criminal proceedings. It summarizes key principles like the presumption of innocence, right to be present at trial, and right to interpretation and translation. It outlines the "Swedish Roadmap" from 2009 that aimed to strengthen procedural rights through measures like the Right to Information, Access to a Lawyer, and ensuring rights for vulnerable suspects. Directives from 2010 onward implemented aspects of this roadmap to increase mutual trust and strengthen fundamental rights in the European Union criminal justice system. The document examines how the right to a fair trial under Article 6 requires opportunities for effective participation, noting areas like information rights, language access, and ability to follow court hearings.
Directive 2016/343 establishes rules concerning the presumption of innocence and the right to be present at trial in criminal proceedings under EU law. It requires Member States to ensure suspects and accused persons have an effective remedy if their rights under the Directive are breached. While in absentia trials are allowed under certain conditions, the right to be present at trial is considered a fundamental aspect of the right to a fair trial according to both EU and European Court of Human Rights jurisprudence. Videoconferencing may be used but actual physical presence is generally preferred to ensure full participation and understanding between the defendant and proceedings.
Gli effetti della pandemia provocata dalla diffusione del virus Covid-19 hanno investito tutti i settori delle attività sociali del Paese, compresa l’attività giudiziaria. Gli interventi normativi sono stati numerosi e spesso mal coordinati tra loro, rendendo necessaria una riflessione sullo stato di diritto, coem sulla normativa tecnica (art. 83, d.l. n. 18/20 c.d. «Cura Italia», convertito con modificazioni dalla l. 27/20, immediatamente modificata il giorno successivo alla sua pubblicazione dal d.l. 28/20).
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
3. Within the scope of
application of the Treaties (.,),
any discrimination on grounds
of nationality shall be
prohibited
(art. 18 TFEU)
Every citizen of the Union
shall have the right to move
and reside freely within the
territory of the Member
States
(art. 21 TFEU)
5. 1. Is a EU Member State required to
extend a prohibition on the extradition
of its own nationals to every EU citizen?
2. Does a citizen of an EU Member State which
prohibits the extradition of its own nationals
carry nationality bar with him when
exercising his free movement rights in the
EU ?
6. 1. Is a EU Member State required to
extend a prohibition on the extradition
of its own nationals to every EU citizen?
8. national rules of a Member State on extradition which give rise
to a difference in treatment depending on whether the
person concerned is a national of that Member State or a
national of another Member State, in so far as they result in
nationals of other Member States who have moved to the
requested Member State not being granted the protection
against extradition enjoyed by nationals of the latter Member
State, are liable to affect the freedom of nationals of other Member States to
move within the European Union (Petruhhin, 32; Pisciotti 44).
Unequal treatment which allows the extradition of a Union
citizen who is a national of a Member State other than the
requested Member State, such as Mr Pisciotti, gives rise to a
restriction of freedom of movement, within the meaning of Article 21 TFEU
(Petruhhin, 33, Pisciotti 45).
9. Restrictions to extradition based on nationality must be based on objective
considerations and must be proportionate to the legitimate objective pursued
(Runevič, 2011, 83; Petruhhin, 34, Pisciotti 46).
The Court has held that the objective of preventing the risk of impunity for persons who have
committed an offence is to be seen in the context of the prevention and combating of crime. That
objective must be considered, in the context of the area of freedom, security
and justice without internal frontiers referred to in Article 3(2) TEU, to be a
legitimate objective of EU law (Petruhhin, 36 and 37; Pisciotti 47).
However, measures which restrict a fundamental freedom, such as that laid down in Article 21 TFEU, may
be justified by objective considerations only if they are necessary for the protection of the interests
which they are intended to secure and only in so far as those objectives cannot be attained by less
restrictive measures (Runevič-Vardyn and Wardyn, 88; Petruhhin, 38, Pisciotti 48).
10. 2. Does a citizen of an EU Member State which
prohibits the extradition of its own nationals
“carry” nationality bar with him when
exercising his free movement rights in the
EU ?