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1.
Arrest
Gökbörü Kürşat Çeliker, 2017

Opis: The World War II and what happened in the process of the war had given a great lesson for humanity. After the war, the necessity of taking measures to avoid any further destruction was accepted by everyone. There is no doubt that United Nations is the most important step of the humanity for the protection of universal human rights and avoiding such a bad drama. It has been influential in the establishment of the United Nations that the necessity of creating an organization that respects human rights. The Universal Declaration of Human Rights is adopted by the United Nations in December 10, 1948. Since it is the first international and official document on human rights, the day is celebrated every year all around the world. In accordance with these developments, the European Court of Human Rights which Turkey is a founding member in, signed the European Convention on Human Rights on November 4, 1950. With this document, human rights began to be considered as important by the countries all around the world. In accordance with these developments in the human rights developments around the world, Turkey also regulated its internal legislation. Although there are necessary changes that are made in the legislation, there are some problems with the application. One of the most important reasons of the working on the arrest, detention and taking into custody that Turkey's situation against the European Court of Human Rights. Many of personal applications made against Turkey is related to the applications that seems full of missing process in the arrest and police supervision. They are also related to the attitute towards the defendants in Turkey. The aim of this study is to eliminate the problems caused by the application that is held during the arrest, detention and custody operations. In this way, the state will not have to pay state compensation and officers will not face the risk of recourse. Most importantly, our country's prestige will not be shaken in the international arena.
Najdeno v: ključnih besedah
Ključne besede: arrest, custody, police supervision, United Nations, European human rights law
Objavljeno: 12.06.2019; Ogledov: 3094; Prenosov: 112
.pdf Celotno besedilo (457,55 KB)

2.
European Arrest Warrant and its development through case law of the Court of Justice of the European Union
Sara Šoštarič, 2019

Opis: Does the European Arrest Warrant facilitate the fight against cross%border criminal activities through preserving the respect of human rights of the fugitives? Some experts in the light of recent Euro%skepticism claim it to be just another failed institute that consists of many legal limitations that need to be dealt with. Throughout this thesis, the main aim will be to present the European Arrest Warrant and see how it developed through the years, and how The Court of European Justice through its case law further enriched and solidified this institute. I will analyze the legal Framework Decision itself, and also present numerous cases that dealt with the most important aspects of the warrant and helped clarify its purpose and structure, so to show how it should be applied in different cases at the same time maintaining a high legal standard of protection of human rights of the individuals. We will achieve all the above by using different methods, the historical method, descriptive, sociological, analytical, the method of case study and lastly to conclude the thesis the inductive%deductive method. By using all of these, we will prove that this recently new instrument, while it encounters some issues, works well in practice, where the Member States and the Court of Justice cooperate closely and effectively. By connecting the theoretical with practical cases, this will be an original work contributing to the discourse about the European Arrest Warrant not only to European citizens but also scholars and the professional public.
Najdeno v: ključnih besedah
Ključne besede: European Arrest Warrant, framework decision, protection of human rights, mutual recognition, Court of Justice of the European Union
Objavljeno: 06.11.2019; Ogledov: 2459; Prenosov: 149
.pdf Celotno besedilo (1,04 MB)
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