engleski

RULE OF LAW, FAIR TRIAL AND CROSS-BORDER JUDICIAL COOPERATION IN CRIMINAL MATTERS IN EUROPEAN UNION

Backsliding reforms of laws regulating position of judiciary and constitutional court in some EU member states, like Poland, are violating some elements of rule of law. In this article author initially elaborates on independence of judiciary in EU, and on role of courts, on national and EU level, in protection of rule of law. Brief overview of legislative amendments in Polish law affecting independence of judiciary and different possibilities of reaction of EU to those amendments are main focus of the article. After that, author tries to analyze the impact of rule of law violation in some EU member states on judicial cooperation in criminal matters and principles of mutual trust and mutual recognition as pillars of that cooperation.

rule of law, independence of judiciary, Poland, EU, Court of Justice of European Union, mutual recognition, judicial cooperation in criminal matters

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