A New and Controversial Scenario in the Gathering of Evidence at the European Level: The Proposal for a Directive on the European Investigation Order

Mangiaracina, Annalisa

doi:10.18352/ulr.260

Cited by 10 publications

(1 citation statement)

References 2 publications

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“…Some remarks during the EIO's adoption were that it was trying to introduce too much change too soon. 19 EU does not have unified law system neither in the judiciary nor in the practice. The problem is that the countries with the most severe criminal law or weakest procedural provisions in the protection of citizen's rights, can submit an order that should be enforced in any other European country.…”

Section: Differences In Legal Systems That Could Have An Effect On Thmentioning

confidence: 99%

Evaluation of the Results of the European Investigation Order

Karas

Đipić

2019

Eu and Member States – Legal and Economic Issues

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Authors are researching development and analyzing first effects of cross-border investigative measures, following enactment of the European Investigation Order (EIO). The EIO extends number of investigative actions which can be requested from other countries, and simplifies the process of evidence transfer. The paper is discussing problems during development of the EIO, its' reception in Croatian system and a case study of the first orders received in Croatian police in 2018 is performed. This instrument is not imposing common legislative standards, but introducing the principle of mutual recognition which is derived from other law fields. The main risk is that diversity of some investigative measures could lead to the inadmissibility of evidence in subsequent criminal procedure. Results are showing that there hadn't been obstacles in police practice so far. Main issues on principle of mutual recognition, double criminality or admissibility of evidence were not manifested in case study, but research indicates areas of potential problems.

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Section: Differences In Legal Systems That Could Have An Effect On Thmentioning

confidence: 99%