THEORETICAL AND PRACTICAL ASPECTS REGARDING THE EUROPEAN INVESTIGATION ORDER
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...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2021-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2021_articles%252F1_criminal_law%252FCKS_2021_CRIMINAL_LAW_001.pdf |
| _version_ | 1811329491798065152 |
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| author | Alina ANDRESCU |
| author_facet | Alina ANDRESCU |
| author_sort | Alina ANDRESCU |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-04-13T15:44:56Z |
| format | Article |
| id | doaj.art-ffa485b28b0249f19a9f9634ae013cd4 |
| institution | Directory Open Access Journal |
| issn | 2068-7796 |
| language | English |
| last_indexed | 2024-04-13T15:44:56Z |
| publishDate | 2021-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-ffa485b28b0249f19a9f9634ae013cd42022-12-22T02:41:01ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962021-05-01141510THEORETICAL AND PRACTICAL ASPECTS REGARDING THE EUROPEAN INVESTIGATION ORDERAlina ANDRESCU0PhD, Faculty of Law, “Nicolae Titulescu” University (e-mail: alina.andrescu@just.ro)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.http://cks.univnt.ro/download/cks_2021_articles%252F1_criminal_law%252FCKS_2021_CRIMINAL_LAW_001.pdfthe european investigation orderinternational judicial cooperation in criminal mattersmutual recognition |
| spellingShingle | Alina ANDRESCU THEORETICAL AND PRACTICAL ASPECTS REGARDING THE EUROPEAN INVESTIGATION ORDER Challenges of the Knowledge Society the european investigation order international judicial cooperation in criminal matters mutual recognition |
| title | THEORETICAL AND PRACTICAL ASPECTS REGARDING THE EUROPEAN INVESTIGATION ORDER |
| title_full | THEORETICAL AND PRACTICAL ASPECTS REGARDING THE EUROPEAN INVESTIGATION ORDER |
| title_fullStr | THEORETICAL AND PRACTICAL ASPECTS REGARDING THE EUROPEAN INVESTIGATION ORDER |
| title_full_unstemmed | THEORETICAL AND PRACTICAL ASPECTS REGARDING THE EUROPEAN INVESTIGATION ORDER |
| title_short | THEORETICAL AND PRACTICAL ASPECTS REGARDING THE EUROPEAN INVESTIGATION ORDER |
| title_sort | theoretical and practical aspects regarding the european investigation order |
| topic | the european investigation order international judicial cooperation in criminal matters mutual recognition |
| url | http://cks.univnt.ro/download/cks_2021_articles%252F1_criminal_law%252FCKS_2021_CRIMINAL_LAW_001.pdf |
| work_keys_str_mv | AT alinaandrescu theoreticalandpracticalaspectsregardingtheeuropeaninvestigationorder |