European investigation order in criminal matters in the European Union. General considerations. Some critical opinions

• Author: Ion Rusu
• Position: Professor
• Pages: 56-70

European investigation order in criminal matters

in the European Union.

General considerations. Some critical opinions

Professor Ion RUSU1, PhD.

Abstract

Throughout this paper we have conducted a general examination of the principles

under which it is reg ulated the newest form of European judicial assistance in criminal

matters, namely, the European Investigation Order in criminal matters. The examination is

focused in particular on the nec essity and importance of establishing this new form of legal

assistance in criminal matters between the Member States, given that it will override the

order of freezing property or evidence in the European Union. When examining the general

principles of this form of assistance we have noticed some imperfections of the E uropean

law, therefore we have formulated some critical opinions, supplemented by proposals of de

lege ferenda. At the same time, g iven that up to May 22, 2017 the European legal

instrument will have to be transposed into the Romanian law, we have formulated some

proposals of de lege ferenda aiming at the improvement o f Law no. 302/2004 on

international judicia l cooperation in criminal matters, repu blished, as amended and

supplemented. The innovations of the work regard the examination of the general

principles set out in the Preamble of the European leg al instrument, the importance and the

necessity for adopting this regulation, as well as formulating critical opinions

supplemented by appropriate proposals de lege ferend a. The current study follows other

works in the international and Europ ean judicial cooperation in criminal matters domain,

published in some national and fo reign publishing houses and in th e volumes of

international or national scientific conferences. The work can be useful to academics,

practitioners in the field and to the Romanian legislator from the perspective of tran sposing

the provisions into the national law of the European legal instrument.

Keywords: Judicial cooperation in criminal matters; offense; judicial assistance,

issuing authority.

JEL Classification: K14; K33

1. Introduction

Insisting on the need to intensify the international judicial cooperation in

criminal matters and the improvement of the legal framework, the recent doctrine

in the field has highlighted that the ultimate goal of this initiative is that of

achieving a reduction to acceptable limits of crime and hence ensuring more safety

of its citizens.2

1 Ion Rusu - Danubius University of Galati, Romania, lawyer, Vrancea Bar, av.ion rusu@yahoo.com.

2 Al. Boroi, I. Rusu, Cooperarea judiciară internațională în materie penală, Curs master/

International judicial cooperation in criminal matters. Master course, Ed. C.H. Beck, Bucharest,

2008, p. 5.