The European Investigation Order Instrument of International Judicial Cooperation in Criminal Matters
Keywords:
The European Order of Inquiry; mutual recognition; enforcement; investigationAbstract
The European Order of Inquiry is a court decision issued or validated by a judicial authority in an EU Member State in order to carry out the necessary investigative measures in another EU Member State to gather evidence in criminal matters. It is based on mutual recognition, which means that the executing authority has an obligation to recognize and enforce the application of the other State. Enforcement shall be carried out in the same manner and by the same means as if the investigative measure in question had been ordered by an authority of the executing State. A European investigation order may also be issued to obtain evidence that already exists.
References
Bachmaier, L., Transnational Evidence. Towards the Transposition of Directive 2014/41 Regarding the European Investigation Order in Criminal Matters, in "Eucrim", no. 2/2015.
The Tampere Council, Finland, October 15-16, 1999. The program of measures adopted on this occasion was published in the Official Journal of the European Communities no. C 12 E of 15 January 2001.
Framework decision 2002/465/JAI of the Council of 13 June 2002 regarding joint investigation teams OJ L 162, 20.6.2002.
Framework Decision 2003/577/JHA of the Council of 22 July 2003 regarding the execution in the European Union of orders to freeze goods or evidence - OJ L 196, 2.8.2003.
Framework decision 2008/978/JHA of the Council of 18 December 2008 regarding the European mandate to obtain evidence for the purpose of obtaining objects, documents and data for their use in criminal proceedings - OJ L 350, 30.12.2008 .
D. Dediu, The European Investigation Order – the newest instrument of international judicial cooperation in criminal matters, communication held at the Scientific Session of the Institute of Legal Research of the Romanian Academy "Romanian Law 100 years after the Great Union. Dimensions and trends", Bucharest, 2018.
Directive 2014/41/EU of the European Parliament and of the Council of April 3, 2014 on the European Criminal Investigation Order.
Flore, D., Droit pénal européen. Les enjeux d'une justice pénale européenne, Larcier, Brussels, 2014.
J. Ouwerkerk, Quid Pro Quo? A comparative law perspective on the mutual recognition of judicial decisions in criminal matters, Intersentia, Cambridge, Antwerp, Portland, 2011.
L. Bachmaier, Transnational Evidence. Towards the Transposition of Directive 2014/41 Regarding the European Investigation Order in Criminal Matters, in "Eucrim" no. 2/2015.
Law no. 302/2004 on international judicial cooperation in criminal matters.
The Stockholm Program - An open and secure Europe in the service of citizens and for their protection, published in the Official Journal C 115 of May 4, 2010.
The Treaty on the European Union, regarding mutual legal assistance in criminal matters between the member states of the European Union.
www.gesetze-im-internet.de.
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Copyright (c) 2021 Artur Airapetean, Andreea Corsei, Mariana-Alina Stefanoaia
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