Autor: Raimundas JURKA, Sonata MOROZIENĖ
Publicat în: Journal Of Eastern European Criminal Law no. 2/2016
Revistă disponibilă: aici.
Abstract: Current issues and realities of the European Union legislation development related to international cooperation in criminal proceedings are analyzed in the article. The content of the European Union competence, its scope while regulating the judicial and police cooperation is revealed. The authors, in accordance with the currently existing legal provisions, legislative ideas and the prevailing practice of legal cooperation in criminal matters, ask if one of the segments of international cooperation in criminal proceedings – free movement of evidence – corresponds to the initial ideas of the so-called cornerstone – mutual recognition, or, however, the current issues force to admit that this segment is still in search – discovery-search stage. This Article draws attention to the fact that in reality the harmonisation process of the European Union law and the Member State national law is not as smooth as it is intended to demonstrate in program provisions, declarations and legislative initiatives.
Keywords: Judicial and police cooperation; principle of mutual recognition; principle of subsidiarity; competence in criminal proceedings.