The Limits of Appellate Review Following the Repeal of the Appellate Court’s Power to Refer the Case Directly Back to the Prosecutor for the Removal of Procedural Violations—Legislative Concept and Effectiveness in Practice. Manifestation of the Principle of Judicial Review

Authors:

Pages: 308-316
DOI: https://doi.org/10.54664/QTJB6270

Abstract:

The article analyzes the effectiveness of the 2017 legislative change, which repealed the power of the appellate court to return the case directly to the prosecutor for the removal of procedural violations. It comments on the legislative concept and the effectiveness of the amendment to the law in the light of the established case law and that of the Court of Justice of the EU (CJEU). The limits within which the appellate court carries out its review are discussed, clarifying the impact of the revision principle when fully manifested in the appellate proceedings. Shortcomings of the provision have been pointed out, together with guidelines for its refinement aimed at ensuring the expeditiousness and efficiency of the proceedings.

Keywords:

appellate review, power of appellate court, returning the case for retrial, judicial review, principle of revision.

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