Arrest practice and habeas corpus principle

Elek, Balázs (2024) Arrest practice and habeas corpus principle. EUROPEAN INTEGRATION STUDIES, 20 (1 (spe). pp. 7-20. ISSN 1588-6735

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Abstract

The legal history of habeas corpus goes back to the period of the 'Golden Bull' issued by King Andrew II of Hungary. In the development of English law, the Magna Carta Libertatum marked the emergence of the principle before that. The essence of the principle is that deprivation of liberty may be pronounced by a person vested with judicial power and that the person concerned must be brought before a judge in order to be heard by the accused before an arrest can be ordered. The judicial order for arrest is also provided for in the Fundamental Law of Hungary. The principle raises a number of questions of law enforcement in domestic court practice, but also in the context of EU cooperation.

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