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The Organization Of Jurisdiction In European Union Perspective

Author

Listed:
  • Mihaela AGHENITEI

    („Dunarea de Jos” University, Associate Researcher at Institute of Legal Research - Romanian Academy)

Abstract

Nowadays, universal jurisdiction is the favorite technique used to prevent impunity for international crimes and it is one of the most effective methods to deter and prevent international crimes by increasing the like hood of prosecution and punishment of its propagators. In regard to the defendants’ rights, the European Union states consider applicable all the rights that are necessary to assure that the trial is equitable and expeditious. There is no exception to the right to a fair trial. So, a defendant who is being prosecuted on the basis of the universality principle can rely on all the procedural rights provided for the Convention on Human Rights and the domestic code of criminal procedure without any restrictions. In Germany, the Federal Constitutional Court, in a case concerning genocide committed abroad, declared expressly that no special criminal proceedings must be provided for specific crimes.

Suggested Citation

  • Mihaela AGHENITEI, 2014. "The Organization Of Jurisdiction In European Union Perspective," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 3(1), pages 1-4, December.
    • Handle: RePEc:sja:journl:v:3:y:2014:i:1:p:1-4
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    File URL: http://www.businesslawconference.ro/revista/articole/an3nr1/1.%20Aghenitei%20Mihaela%20EN.pdf
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    More about this item

    Keywords

    “universal jurisdiction”; “human rights”; “European Union”; “criminal procedure”;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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