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surrendering
UK
/səˈrɛndərɪŋ/
US
/səˈrɛndɚɪŋ/
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There were initial difficulties in some Member States with the very idea of
surrendering their own nationals
based on the principle of mutual recognition, including in Cyprus where ‘expelling or extraditing’procedures were interpreted as being expressly limited to aliens under Art.
law
выдача собственных граждан
Передача собственных граждан другой юрисдикции, обычно для судебного преследования или отбывания наказания.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
The case concerned the implementation of the European Arrest Warrant (EAW) Framework Decision (FD) by Law 133(1)/2004, and the
issuing of an order to surrender
Mr. Constantinou to the United Kingdom, which will be discussed in greater detail in Sect.
law
вынесение постановления о передаче
Официальное вынесение постановления, обязывающего передать лицо другому государству.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
The European Arrest Warrant in Ireland:
Surrendering Our Standards to
a European Criminal Law Area.
law
поступаясь своими стандартами в пользу
Описывает отказ от своих стандартов или их ослабление в пользу другой системы или власти.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
Secondly, it was also clear that Mr. Bailey was being sought for the purposes of a preliminary investigation and that no decision had yet been taken to charge the person whose
surrender had been sought
.
law
запрашивать выдачу кого-либо
Формальное юридическое выражение: одно государство запросило выдачу человека другим государством.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
Section 45 of the 2003 Act contained a
general prohibition on surrender
for such purposes, but this prohibition has itself been re-cast on two separate occasions.
law
общий запрет на выдачу
Общее правовое правило, запрещающее выдавать лицо другой юрисдикции для определённых целей.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
At that point, the State
sought a fresh surrender
of Mr. Tobin.
law
добивалось повторной передачи лица
Описывает попытку добиться повторной передачи лица в рамках правовой процедуры.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
A murder committed outside of Ireland is a crime in Irish law only if committed by an Irish citizen, so that, for example, a court in Ireland could not
seek the surrender of
a British national in respect of a murder committed in France.
law
добиваться выдачи
Официально добиваться передачи лица другой юрисдикции.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
Section 42(c) of the 2003 Act as originally enacted had provided that
no surrender could take place
where the Director of Public Prosecutions had already decided not to prosecute the suspect for the crime in question, but this prohibition was later deleted in 2005.
law
выдача не могла состояться
Лицо не могло быть выдано другому государству при описанных обстоятельствах.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
The High Court refused to
sanction the surrender
of a Romanian of Roma ethnicity.
law
санкционировать выдачу
Официально разрешить передачу лица другой юрисдикции.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
In effect, therefore, the Court
refused the surrender of
the respondent where he would be delivered up to complete the balance of a sentence which had been held to be non-ECHR compliant.
law
отказал в выдаче
О судебном отказе передать лицо другой юрисдикции, например для уголовного преследования или отбывания наказания.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
There appears to be only two cases where the Court has
refused to sanction surrender
.
law
отказал в разрешении на выдачу
Отказал в одобрении передачи лица, выдачи которого требует другое государство.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
The very act of surrender
would either itself ex facie amount to an unconstitutionality in the circumstances.
law
сам факт выдачи
Сам факт передачи лица, выдачи которого требует другое государство, рассматриваемый отдельно от последствий.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
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