Autor: Alina Andrescu
Publicat în: Challenges of the Knowledge Society (CKS) 2021
Articol disponibil online aici.
Abstract: The European Investigation Order (EIO) is the newest instrument of international judicial cooperation in criminal matters between the Member States of the European Union. The purpose of this paper is to analyse this new European initiative regarding an European Investigation Order (EIO) based on the principle of mutual recognition which shall facilitate the gathering and transmission of evidence in criminal matters between Member States. The author present the necessity of an EIO and analyse if it provides enough safeguards for the protection of the fundamental rights of the defendant and the differences between this proposed instrument and the European Evidence Warrant with shows the ECJ jurisprudence tendency. In the end, after presenting some relevant aspect regarding EIO, including the UK”s post-transition relationship with the EU, the paper ends with proposals for the ferenda law concerning the accomplishment of an adequate juridical framework and the application of the legal stipulation referring to international judicial cooperation in criminal matters.
Key-words: the European Investigation Order, international judicial cooperation in criminal matters, mutual recognition.
