The Reasons Behind the Failure of the European Supervision Order: The Defeat of Liberty Versus Security
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(3), 1493-1509 | European Forum Insight of 4 November 2020 | (Table of Contents) I. Objectives of the European supervision order. - II. The failure in application of the European supervision order in the face of the succe...
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| Format: | Article |
| Language: | English |
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European Papers (www.europeanpapers.eu)
2020-11-01
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| Series: | European Papers |
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| Online Access: | https://www.europeanpapers.eu/en/europeanforum/reasons-behind-failure-european-supervision-order-defeat-liberty-versus-security |
| _version_ | 1830140207057338368 |
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| author | Ana Maria Neira-Pena |
| author_facet | Ana Maria Neira-Pena |
| author_sort | Ana Maria Neira-Pena |
| collection | DOAJ |
| description | (Series Information) European Papers - A Journal on Law and Integration, 2020 5(3), 1493-1509 | European Forum Insight of 4 November 2020 | (Table of Contents) I. Objectives of the European supervision order. - II. The failure in application of the European supervision order in the face of the success of the European arrest warrant. - III. The reasons for the failure in application of the ESO. | (Abstract) The European Supervision Order is an instrument of mutual recognition of judicial decisions essential to guarantee the exceptional nature of pre-trial detention. It also prevents discrimination of suspects and accused persons in criminal proceedings on grounds of nationality or residence, with regard to the possibilities of enjoying provisional release pending trial. It is, in short, an instrument that stands as a guarantee of the freedom of citizens in the European Area of Freedom, Security and Justice. However, despite its crucial role, the use of this instrument is very scarce, as its application encounters significant obstacles, including the insufficient level of trust between Member States, which appears to play a key role. |
| first_indexed | 2024-12-17T08:58:34Z |
| format | Article |
| id | doaj.art-a3918e00b3b940039b1c13e5de8158e6 |
| institution | Directory Open Access Journal |
| issn | 2499-8249 |
| language | English |
| last_indexed | 2024-12-17T08:58:34Z |
| publishDate | 2020-11-01 |
| publisher | European Papers (www.europeanpapers.eu) |
| record_format | Article |
| series | European Papers |
| spelling | doaj.art-a3918e00b3b940039b1c13e5de8158e62022-12-21T21:55:53ZengEuropean Papers (www.europeanpapers.eu)European Papers2499-82492020-11-012020 531493150910.15166/2499-8249/402The Reasons Behind the Failure of the European Supervision Order: The Defeat of Liberty Versus SecurityAna Maria Neira-Pena0University of A Coruña(Series Information) European Papers - A Journal on Law and Integration, 2020 5(3), 1493-1509 | European Forum Insight of 4 November 2020 | (Table of Contents) I. Objectives of the European supervision order. - II. The failure in application of the European supervision order in the face of the success of the European arrest warrant. - III. The reasons for the failure in application of the ESO. | (Abstract) The European Supervision Order is an instrument of mutual recognition of judicial decisions essential to guarantee the exceptional nature of pre-trial detention. It also prevents discrimination of suspects and accused persons in criminal proceedings on grounds of nationality or residence, with regard to the possibilities of enjoying provisional release pending trial. It is, in short, an instrument that stands as a guarantee of the freedom of citizens in the European Area of Freedom, Security and Justice. However, despite its crucial role, the use of this instrument is very scarce, as its application encounters significant obstacles, including the insufficient level of trust between Member States, which appears to play a key role.https://www.europeanpapers.eu/en/europeanforum/reasons-behind-failure-european-supervision-order-defeat-liberty-versus-securityeuropean supervision ordermutual trustprinciple of mutual recognitionpre-trial detentionsupervision measuresprecautionary measures |
| spellingShingle | Ana Maria Neira-Pena The Reasons Behind the Failure of the European Supervision Order: The Defeat of Liberty Versus Security European Papers european supervision order mutual trust principle of mutual recognition pre-trial detention supervision measures precautionary measures |
| title | The Reasons Behind the Failure of the European Supervision Order: The Defeat of Liberty Versus Security |
| title_full | The Reasons Behind the Failure of the European Supervision Order: The Defeat of Liberty Versus Security |
| title_fullStr | The Reasons Behind the Failure of the European Supervision Order: The Defeat of Liberty Versus Security |
| title_full_unstemmed | The Reasons Behind the Failure of the European Supervision Order: The Defeat of Liberty Versus Security |
| title_short | The Reasons Behind the Failure of the European Supervision Order: The Defeat of Liberty Versus Security |
| title_sort | reasons behind the failure of the european supervision order the defeat of liberty versus security |
| topic | european supervision order mutual trust principle of mutual recognition pre-trial detention supervision measures precautionary measures |
| url | https://www.europeanpapers.eu/en/europeanforum/reasons-behind-failure-european-supervision-order-defeat-liberty-versus-security |
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