Personal Freedom and Surrender

Bargis, Marta

doi:10.1007/978-3-319-72462-1_8

Cited by 3 publications

(1 citation statement)

References 41 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Ethics and law are intertwined, but external requirements and legal consequences do not enforce law [25]. Its execution is based on personal freedom and the belief that laws and regulations benefit me [26].…”

Section: Potential For Existential Crisis As a Form Of Punishmentmentioning

confidence: 99%

Existentialism and environmental destruction: Should polluters face criminal punishment or an existential crisis?

Imran,

Apripari,

Muhtar

et al. 2024

E3S Web Conf.

View full text Add to dashboard Cite

This study examines how existentialism, which emphasizes purpose, freedom, and individual life, affects environmental harm. The study asks: should environmental polluters face only criminal penalties or existential crises as a deeper moral responsibility? Conceptual normative research is used in this work. This study analyses existentialist and environmental criminal law literature to link existential crises to environmental degradation. The results imply that existentialism—a philosophy that analyses meaning, freedom, and existence—is linked to rampant environmental deterioration. This study suggests that environmental harm perpetrators should confront an “existential crisis” rather than criminal punishment. The crisis is forcing a reorientation of values and actions, which affects business behaviour, environmental ethics, and criminal law. Existentialism in Environmental Law and ethics broadens “responsibility” and “accountability,” while offering a more inclusive, democratic, and sustainable paradigm.

show abstract

Section: Potential For Existential Crisis As a Form Of Punishmentmentioning

confidence: 99%

Existentialism and environmental destruction: Should polluters face criminal punishment or an existential crisis?

Imran,

Apripari,

Muhtar

et al. 2024

E3S Web Conf.

View full text Add to dashboard Cite

show abstract

Detention Pending Execution of the European Arrest Warrant – Dutch and Polish Experience. Some Reflection from the Human Rights Perspective

Wąsek-Wiaderek,

Glerum

2023

RECL

View full text Add to dashboard Cite

This article focuses on detention pending surrender, i.e. detention of the requested person in the executing Member State on the basis of the European Arrest Warrant (EAW). It defines the scope of application of Article 5 of the European Convention on Human Rights to such detention and analyses the case-law of the Court of Justice of the European Union on time limits of keeping the requested person in detention in the executing MS as well as on the notion of “the executing judicial authority” entitled to decide on detention pending surrender. Both issues are explored with reference to national law and practice of the Netherlands and Poland. The article provides the answer to the question whether national provisions which limit the duration of detention pending surrender properly reflect the normative content of the framework decision on the EAW. The answer to this question is given with due regard to the standard of protection of the requested person stemming from Article 5 § 1 ECHR and Article 6 of the Charter of Fundamental Rights. Furthermore, the analyses focus on Dutch and Polish provisions concerning the authority entitled to decide on detention pending surrender and their compliance with the CJEU’s jurisprudence on the notion of “the executing judicial authority.” Recognising that detention is the basic measure for ensuring the effectiveness of surrender, we try to define the limits of its use in the EAW procedure, stemming from the requirements of protection of human rights.

show abstract

Directive 2013/48/EU and the Requested Person’s Right to Appoint a Lawyer in the Issuing Member State in European Arrest Warrant Proceedings

Glerum

2020

RECL

View full text Add to dashboard Cite

Directive 2013/48/EU gives persons who are subject to European arrest warrant proceedings the right to “dual representation”: not only the right of access to a lawyer in the executing Member State but also the right to appoint a lawyer in the issuing Member State, whose limited role it is to provide information and advice to the lawyer in the executing Member State with a view to the effective exercise of the requested person’s rights under Framework Decision 2002/584/JHA. The right to appoint a lawyer in the issuing Member State is supposed to contribute to facilitating judicial cooperation. This article takes a closer look at that right and tries to establish whether – and, if so, to what extent – that right does indeed facilitate judicial cooperation.

show abstract

Personal Freedom and Surrender

Cited by 3 publications

References 41 publications

Existentialism and environmental destruction: Should polluters face criminal punishment or an existential crisis?

Existentialism and environmental destruction: Should polluters face criminal punishment or an existential crisis?

Detention Pending Execution of the European Arrest Warrant – Dutch and Polish Experience. Some Reflection from the Human Rights Perspective

Directive 2013/48/EU and the Requested Person’s Right to Appoint a Lawyer in the Issuing Member State in European Arrest Warrant Proceedings

Contact Info

Product

Resources

About