Autori: Raimundas JURKA, Ieva ŽENTELYTĖ

Publicat în: Journal Of Eastern European Criminal Law no. 1/2017

Revistă disponibilăaici.

Abstract: The article analyses the conception of the European supervision order (hereinafter – the ESO) as well as some theoretical and practical problems arising in the process of implementation and effectiveness of the ESO. The authors, being guided by the currently existing legal provisions, legislative ideas and jurisprudence of the European Court of Human Rights (hereinafter – the ECHR), formulate the question whether the ESO is an operating mechanism of the international cooperation in criminal proceedings or a nice idea remaining on paper. The attention is hereby drawn to the fact that this segment still remains at the searchdiscovery- search stage. The today’s topical issues compel to acknowledge that in the absence of the criteria that are regulated at the level of the European Union, which must be taken into account by the issuing State when considering the person’s or his/her defender’s application to issue the ESO, the niche is left for Member States to misuse their right and not to issue the ESO even in the justified cases. Finally, it is hereby emphasized that the significant aspects that are related to the realization of the person’s right to defence, to the appeal against the decisions, which were made by the issuing and executing States, remain not covered by Council Framework Decision 2009/829/JHA „On the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention” of the 23rd of October, 2009 (hereinafter – Framework Decision). The article calls into question whether it is appropriate to move the issue on the compensation of costs on the issuing State’s shoulders. A relatively short time has passed since the implementation of this document in the national law of Member States; therefore, the ESO topic remains relevant and new in the scientific plane; the future prospects of application of this legal mechanism are of interest. The authors are not inclined to submit final answers at this stage of the ESO existence, but they suggest some possible ways for the solution of problematic issues.

Keywords: European supervision order; supervision measures; adaptation of supervision measures.