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Whose Responsibility?

A Study of Transnational Defence Rights and Mutual Recognition of Judicial Decisions within the EU

Book | 1st edition 2013 | Europe | Malin Thunberg Schunke

The growing attention being paid to transnational criminality and the emergence of new models of state cooperation make it necessary to reconsider the traditional features of human rights enforcement. This book provides a comprehensive analysis of how criminal procedural rights are (if at all) protected within the framework of mutual recognition within the EU. The study concentrates on the Framework Decision on the European Arrest Warrant.

The central issue of analysis is the national and extraterritorial responsibility for violations of fundamental rights which occur in the framework of such transnational procedures. Are there any provisions in international or national instruments, which aim at effectively preventing or remedying violations? Is there any functioning judicial control? The effect of national legislation and human rights bars to cooperation is discussed on the basis of a comparative study of the legislation and case-law in Sweden and the UK. Further, the roles of the European Courts for the protection of due process rights are analysed.

The book focuses on the special features of mutual recognition in relation to state responsibility for an executing and issuing State. Especially the concept of mutual trust and the justifications for a system of division of labour between the States are critically discussed. Whose responsibility? provides the reader with new and interesting perspectives regarding the specific problems of being a defendant within the EU, and gives some new answers to the question of responsibility for transnational defence rights.

About the book
‘This is no dry academic text but rather a valuable contribution to a current debate in an essential area of practice in the ever increasing field of cross-border criminal law.’
David Dickson on www.journalonline.co.uk (May 2014)

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780681757
Series name Supranational Criminal Law: Capita Selecta
Weight 330 g
Status Available
Number of pages xvi + 160 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Jul 11, 2013
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of Contents
  • 1. Introduction
  • 2. Human rights protection at the legislative level within the EU
  • 3. Human rights protection at the national level
  • 4. Human rights protection and the ECtHR
  • 5. The Charter of Fundamental Rights and the CJEU
  • 6. Is there a sufficient system of human rights protection within cooperation based on mutual recognition?
  • 7. Whose responsibility?
  • Bibliography
  • Index