Original scientific paper
The European Investigation Order and the National Remedies Systems: The Appropriate Level of Protection of Fundamental Rights in the Member State Issuing the Order
Igor Materljan
; Europska komisija, Luxembourg
Gordana Materljan
; Europska komisija, Luxembourg
Abstract
The European Investigation Order is the latest example of cooperation between the judicial authorities of European Union Member States. The paper opens discussion on the need for a legal remedy against the European Investigation Order in the context of the principles of mutual trust and recognition on the one hand, and the protection of fundamental rights on the other. In particular, it analyses the judgment of the Court of Justice of the European Union delivered in the Gavanozov case, in which the Court avoided answering the question whether the absence of a remedy against a European Investigation Order is contrary to fundamental rights and whether Member States must provide for such a remedy in their criminal justice systems.
Keywords
judicial cooperation in criminal matters; European Investigation Order; protection of fundamental rights; legal remedies; principles of mutual trust and recognition; Directive 2014/41
Hrčak ID:
253333
URI
Publication date:
14.12.2020.
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