THE ORGANIZATION OF JURISDICTION IN EUROPEAN UNION PERSPECTIVE

Mihaela Aghenitei ()
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Mihaela Aghenitei: „Dunarea de Jos” University, Associate Researcher at Institute of Legal Research - Romanian Academy

Perspectives of Law and Public Administration, 2014, vol. 3, issue 1, 1-4

Abstract: Nowadays, universal jurisdiction is the favorite technique used to prevent impunity for international crimes and it is one of the most effective methods to deter and prevent international crimes by increasing the like hood of prosecution and punishment of its propagators. In regard to the defendants’ rights, the European Union states consider applicable all the rights that are necessary to assure that the trial is equitable and expeditious. There is no exception to the right to a fair trial. So, a defendant who is being prosecuted on the basis of the universality principle can rely on all the procedural rights provided for the Convention on Human Rights and the domestic code of criminal procedure without any restrictions. In Germany, the Federal Constitutional Court, in a case concerning genocide committed abroad, declared expressly that no special criminal proceedings must be provided for specific crimes.

Keywords: “universal jurisdiction”; “human rights”; “European Union”; “criminal procedure” (search for similar items in EconPapers)
JEL-codes: K14 K33 (search for similar items in EconPapers)
Date: 2014
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