The Protection of the Right of Freedom on the European Union Level: The European Arrest Warrant and Non-custodial Pre Trial Measures. The Guideline of Principle of Proportionality: An Interpretative Perspective

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

"Protection of fundamental rights in particular must be central to the operation of the system": the formula, worked to the top of the most recent evaluation paper on the experience of the MFA (2011), summarizes the progressive logical shift from the perspective of efficiency and security to the view of the primacy of the protection of individual rights, in the whole face of the pre-trial precautionary measures in criminal proceedings in EU area. The experiences of the principle of proportionality become, in this way, basic paradigms for reading the system in terms of applied law: the three levels through which the filter of proportionality has worked in the system of the EAW (clot multilevel regulatory choices; spaces of individual assessment by the judicial authority; retrospective assessments of practice, which trigger reinvestment in terms of "return into circulation") offer major tools for a wider reading, which extends to the phenomenon of the circulation of the pre-trial non-precautionary measures, according to the relevant framework decision on 2009. In the area of precautionary measures, harmonization of the laws of the Member States seems to persist today, nuanced, as a simple background: a method line that seems almost - and it is a paradoxe - recessive and it is, however, recovered to the centrality of the debate.
Original languageEnglish
Title of host publicationTransnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings
Pages241-252
Number of pages12
Publication statusPublished - 2013

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