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The configuration of the European Criminal Law

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  1. Intoduction
  2. PART I: The Kyoto Protocol
    1. Global warming
    2. The vertices of the earth
    3. The contents of the Protocol
  3. PART II: American diplomacy around the Kyoto Protocol
    1. General Remarks
    2. The positions of the presidents of the United States before the Kyoto Protocol
    3. The presidencies of Bill Clinton (1993-2001)
    4. The term of George W. Bush (2001-2009)
  4. Conclusion

Since September 11th, 2001, the EU has put emphasis in the construction of European criminal law which is related to security. The attacks on European soil in London and Madrid, have further underlined the urgent need to strengthen police and judicial cooperation between Member States which have introduced new instruments such as the European arrest warrant or Framework Decision on the fight against terrorism. Large-scale reform are done by the creation of a European arrest warrant which has changed the nature of criminal judicial cooperation in Europe, since the instrument allows direct delivery, judicial authority to wanted persons, while in the extradition procedure is the last word in political power. However, this approach has not been without criticism, both from the European Parliament and non-governmental organizations on the grounds states that the security dimension of the area of freedom, security and justice would have been privileged at the expense of its component of 'freedom' and greater respect for fundamental rights. The European Council at Tampere on 15th and 16th of October 1999, has made the mutual recognition of judicial decisions, which do not appear as such in the Treaties, ' it is the cornerstone of judicial cooperation in both civil and criminal matters within Union '. The implementation of the principle of mutual recognition means for a state to consider the results of judicial proceedings conducted in another state as equivalent to decisions that its own judicial system could have taken in the same case. It cannot function effectively if every State not only has confidence in other judicial systems of the Union, but more widely if any citizen to who is addressed a foreign judicial decision is certain that it was made fairly. It could be argued that mutual trust between Member States should flow naturally from their common membership in the European Convention on Human Rights and Fundamental Freedoms guarantees the right to a fair trial (Article 6). The European Union also has a particularly comprehensive body of law regarding the protection of fundamental rights. These are guaranteed by the Court of Justice, which has become general principles of Community law, drawing on the constitutional traditions common to Member States and international treaties for the protection of human rights, including the European Convention on Human Rights that has a special place. However, despite it safeguards, mutual trust, which cannot be decreed, is often lacking, as highlighted the difficulties surrounding the implementation of the European arrest warrant. The variety of procedural systems of Member States increased by enlargement, and maintains a degree of distrust between them. The rise of serious crime and the danger posed by international terrorism are the creation of a European criminal absolutely necessary. The European criminal law may not be viable only if its legal foundation is solid (I) and if the principle of mutual recognition is accepted by all (II).

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