Human Rights as Means of Europeanization of Criminal Law
pages 173 - 185
ABSTRACT:

The strengthening of the catalogue of fundamental human rights which we have witnessed since the adoption of the Charter of Fundamental Rights at the European Council in Nice in 2000 eliminates the differences in the conception and interpretation of the procedural rights of individuals involved in criminal proceedings throughout the European Union. As the status of parties to criminal proceedings is based primarily on whether the proceedings are inquisitorial or adversarial, it seems quite logical that any new or changed quantity of fundamental procedural rights will affect their very structural basis. Therefore, the theoretical premise has been raised that the European Union is following a path that will blur the differences between adversarial and inquisitorial proceedings in Member States through the unification of the catalogue of fundamental rights of parties to criminal proceedings, which equates the defendant (the accused) with the applicant in inquisitorial proceedings, and also strengthens the executive functions of public authorities in adversarial proceedings. The human rights dimension thus seems to be a more robust unifying element of criminal law (especially criminal proceedings) than the organizational or structural dimension.

keywords
European Union
European law
Europeanization of criminal law
human rightsm
European Court of Justice
about the authors

Prof. JUDr. PhDr. mult. Michal Tomášek, DrSc. - Professor of European Law, head of Department of European Law. Graduated from the Charles University in Prague, Sorbonne University in Paris, Beijing University in China and University of Virginia. Author or co-author of several books on European and Chinese law, including Toward Constitutionalism and Democracy in Central and Eastern Europe (1992), Barriéres insoupconnées de l´Europe sans frontiéres (Bruxelles, 1995), Unternehmensgruppen in mittel- und osteuropäischen Ländern (Tübingen, 2003), Grundfragen des europäischen Strafrecht (Würzburg, 2005) and La realización del mercado único europeo: experiencias hispanochecas (Santiago de Compostela, 2006).

e-mail: tomasekm@prf.cuni.cz