European Arrest Warrant and Adaptation of Ukrainian Legislation in the Context of European Integration: Czech Experience

Lysenko Olena (), Sviatun Olena () and Frumarová Kateřina ()
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Lysenko Olena: PhD in Law, Associate Professor of the Chair of Comparative and European Law, EaS Institute of International Relations, Taras Shevchenko National University of Kyiv, Ukraine
Sviatun Olena: PhD in EU Law, Associate Professor of the Chair of Comparative and European Law, EaS Institute of International Relations, Taras Shevchenko National University of Kyiv, Ukraine.
Frumarová Kateřina: Associate Professor, Faculty of Law, Palacky University, Olomouc, Czech Republic

European Studies - The Review of European Law, Economics and Politics, 2024, vol. 11, issue 2, 141-170

Abstract: The article deals with the issue of the European Arrest Warrant, especially in the context of the constitutional consequences of the implementation of the Framework Decision in the national legal systems of the Czech Republic (as an EU Member State) and Ukraine (as a candidate country). After a general introduction to the institution of the European Arrest Warrant, the authors focus in particular on the possible constitutional and legal complications of its implementation in Ukrainian legislation and practice. The main problems include the conflict of its essence with the principle of non-extradition of own citizens. The article analyses this problem and its possible solutions, including in the context of how other states, in particular the Czech Republic and Poland, have approached this issue.

Keywords: European Arrest Warrant; extradition; surrender; transfer; Constitution; Constitutional Court; Czech Republic; Ukraine (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:eurstu:v:11:y:2024:i:2:p:141-170:n:1007

DOI: 10.2478/eustu-2024-0020

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