Описывает исполнение, нарушающее требования Рамочного решения.
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.
Among the many questions regarding the practical challenges of extradition procedures, two further aspects shall briefly be dealt with: the costs of the proceedings and compensation for wrongful imprisonment.+2
law
компенсация за незаконное лишение свободы
Выплата за лишение свободы, признанное незаконным согласно применимому законодательству.
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 Commission or another Member State could have initiated an infringement procedure for the wrongful implementation of the Framework Decision.
law
неправомерная имплементация
Введение правового акта в действие способом, который является неправильным или противоречит закону.
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.
Without the latter it is incumbent on both the State and its Courts to apply a heightened level of scrutiny in relation to those being extradited; many of the world’s legal systems do not uphold the same principles or rule of law or democracy which we enjoy here, the risk of wrongful conviction or mala fides prosecution are therefore much greater outside of the EU.
law
неправомерное осуждение
Несправедливое или юридически ошибочное осуждение.
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.
This is mostly irrelevant given the developments in the legal regime of the responsibility of states for internationally wrongful acts.
law
ответственность государств за международно-противоправные деяния
Юридическая ответственность государства за поведение, нарушающее его международные обязательства.
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.
IRG does not refer to the StrEG, thereby excluding its applicability to measures regarding extradition, so that even in the case of wrongful extradition detention in Germany, compensation will not be paid if arrest and detention were stipulated by a foreign country and German authorities were not responsible for the wrongful accusation and imprisonment.
law
неправомерное содержание под стражей в рамках экстрадиции
Содержание под стражей в связи с экстрадицией, считающееся неправомерным.
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.
any wrongful quarrel
law
неправомерный
Здесь слово описывает ссору, которая является несправедливой или морально неоправданной.
King Arthur and the Knights of the Round Table
"King Arthur and the Knights of the Round Table" by Sir Thomas Malory is a prose compilation written around 1470. This Middle English work weaves together legendary tales of King Arthur, Guinevere, Lancelot, Merlin, and the Knights of the Round Table. Malory assembled and reworked material from various French and English sources to create a complete narrative spanning Arthur's conception to his death. The compilation includes the quest for the Holy Grail and the legend of Tristan and Iseult, creating one of the most influential works of Arthurian literature.