Effective Legal Remedies in Criminal Justice System. European Perspective

The book provides answer for the questions on the current standard of Effective Legal Remedies in European law. Provides material for consideration on how we shall understand concept of remedial law in relation to criminal justice system.

Effective Legal Remedy (ELR) is a legal concept of universal value. Its primary purpose is the protection of individual rights and freedoms against violation. It serves to safeguards the effectiveness of the enacted and applied law. The book presents and discusses current standard of Effective Legal Remedy concept in European Law as it is or may be referred to criminal justice system. The research is based on a thorough analysis of jurisprudence of European Court of Human Rights and Court of Justice European Union. Is also supplemented by an analysis of the ELR's implementation of the European Parliament's directives on individual rights in criminal matters. Offers a perspective on the use of the ELR to integrate the criminal justice system in Europe.

Autorentext

Pawe Wili ski is a professor of law at Adam Mickiewicz University in Poznä Judge of the Supreme Court of Poland. Ad-hoc Judge of the European Court of Human Rights, Strasbourg (2010-2012, 2015-2016). Author of over 200 publications on criminal procedure, criminal law, international criminal law and procedure, i.a.: Abuse of power by prosecutor and judge in criminal trial (2023); Impartiality of a judge in criminal cases in the light of a plea that his appointment is defective (co-ed., 2022); Foundations of Law. The Polish Perspective (co-ed. 2021, in English); Polish Criminal Proceedings (ed., 2021, 2023); Theory of Conflict in Criminal Law (2021); Improving Protection of Victims' Rights: Access to Legal Aid (co-ed. 2015, in English), Criminal procedure from Constitutional Perspective (2011); Fair trial standard in polish and international jurisprudence (2009); Principles of International Criminal Law (2008); International Criminal Court (2004).

Inhalt

Introducing Effective Legal Remedies

Effective Legal Remedies in the European Convention of Human Rights and Jurisprudence of ECHR

Effective Legal Remedies in the Charter of Fundamental Rights and Jurisprudence of CJEU

Right to Effective Legal Remedies in European Parliament Directives

Concept of effective legal remedies in common law

Discussing Effective Legal Remedies