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

Author:Ion Rusu
Position:Danubius University of Galati, Romania
Pages:56-70
SUMMARY

Throughout this paper we have conducted a general examination of the principles under which it is regulated 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 necessity and importance of establishing this new form of legal assistance in criminal matters between the... (see full summary)

 
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European investigation order in criminal matters
in the European Union.
General considerations. Some critical opinions
Professor Ion RUSU
1
, 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.

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