ECJ – Judgement of 26.02.2003, Stefano Melloni v. Ministerio fiscal, c-399/11 – <<Police and judicial cooperation in criminal matters – European arrest warrant – Surrender procedures between member states – Decisions rendered at the end of proceedings in

Authors

  • Beatriz García Sánchez

Keywords:

Police and judicial cooperation in criminal matters, European arrest warrant, surrender procedures between member states, decisions rendered at the end of proceedings in which the person concerned has not appeared in person, execution of a sentence pronou

Abstract

For the first time in history, the Tribunal Constitucional (Constitutional Court, Spain), by Order 86/2011, of June 9, (RTC 2011/86), presented three questions to the ECJ (which has delivered by judgment of 26 February 2013) concerning the level of protection of fundamental rights in the European Union territory, regarding European surrenders of convicted in absentia. In that case, it becomes apparent one of the existing problems between European countries: the different protection provided in each of fundamental rights recognized in international, European and national legal instruments. Due to this diversity, Spanish TC asked the ECJ on what should be the level of protection that Member States should provide in their respective territories, ultimately by posing the following dilemma: Can an EU Member State provide a greater level of protection to citizens involved in legal proceedings than offered by European instruments and European courts? or conversely, should the Member State give the same content to the fundamental rights recognized by the European Court of Human Rights or the Court of Justice of the EU? It seems that the CJEU has chosen the uniformity of protection of fundamental rights.

Downloads

Issue

No. 46 (2013): septiembre-diciembre

Section

CASE LAW COURT OF JUSTICE OF THE EU

License


Copyright
Submission of a manuscript to the RDCE implies having read and accepted the journal's editorial guidelines and instructions for authors. When a work is accepted for publication, it is understood that the author grants the RDCE exclusive rights of reproduction, distribution and, where appropriate, sale of his manuscript for exploitation in all countries of the world in printed version, as well as any other magnetic, optical and digital media.
Authors shall transfer the publishing rights of their manuscript to RDCE so that it may be disseminated and capitalised on Intranets, the Internet and any web portals and wireless devices that the publisher may decide, by placing it at the disposal of users so that the latter may consult it online and extract content from it, print it and/or download and save it. These activities must comply with the terms and conditions outlined on the website hosting the work. However, the RDCE authorises authors of papers published in the journal to include a copy of these papers, once published, on their personal websites and/or other open access digital repositories. Copies must include a specific mention of RDCE, citing the year and issue of the journal in which the article was published, and adding a link to the RDCE website(s).
A year after its publication, the works of the RDCE will be under the Creative Commons Attribution-Noncommercial-NoDerivative 4.0 International license (CC BY-NC-ND 4.0), which allows third parties to share the work as long as its author and its first publication is indicated, without the right to commercial exploitation and the elaboration of derivative works.
Plagiarism and scientific fraud
The publication of work that infringes on intellectual property rights is the sole responsibility of the authors, including any conflicts that may occur regarding infringement of copyright. This includes, most importantly, conflicts related to the commission of plagiarism and/or scientific fraud.
Practices constituting scientific plagiarism are as follows:
1. Presenting the work of others as your own.
2. Adopting words or ideas from other authors without due recognition.
3. Not using quotation marks or another distinctive format to distinguish literal quotations.
4. Giving incorrect information about the true source of a citation.
5. The paraphrasing of a source without mentioning the source.
6. Excessive paraphrasing, even if the source is mentioned.

Practices constituting scientific fraud are as follows:
1. Fabrication, falsification or omission of data and plagiarism.
2. Duplicate publication.
3. Conflicts of authorship.
Warning
Any breach of these Rules shall constitute a ground for rejection of the manuscript submitted.