(Lack of) consequences of reasonable doubts on the independence of the judiciary system on cooperation in criminal matters in the EU

Bibliographic Data

ID4983033
AuthorsDominika Czerniak (0000-0002-8970-4017, University of Wrocław, corresponding author)
Year2022
Volume8
Issue1
Publication date2022-04-29
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueRevista Brasileira de Direito Processual Penal (JOURNAL)
Journal identifiersISSN: 2359-3881 • E-ISSN: 2525-510X
PublisherInstituto Brasileiro de Direito Processual Penal (PUBLISHER • BR)
DOI10.22197/rbdpp.v8i1.689
OpenAlexW4225137305
LanguageEN
Citations received2
References cited3

The article analyses the consequences of the violation of judicial independence in the cooperation in criminal matters. The right to an independent court is not only a fundamental value in the rule of law (Article 2 TEU, Article 19(1)), but also one of the fundamental rights (Article 47 CFR). Jeopardising the independence of the judiciary in one of the EU countries should have an impact on the possibility of cooperation in criminal matters. Leaving the standard of independence of the judiciary resulting from the ECHR jurisprudence, the article summarises the current jurisprudence of the CJEU concerning the independence of the judiciary and the impartiality of judges at two levels: general (or systemic), and in connection with the operation of the EAW. The article analyses present situation in Poland and recent judgments of the CJEU in "Polish cases" - about the problem of executing the EAW and evaluating the independence of the judiciary system in Poland

Criminal law · Criminal procedure · Impartiality · Judicial Independence · Jurisprudence · Law and economics · Political science · Politics · Sociology · European and International Law Studies · European Criminal Justice and Data Protection · Law · Polish Law and Legal System

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