Protection of Fundamental Rights in the Light of the Directive Regarding the European Investigation Order
Protection of Fundamental Rights in the Light of the Directive Regarding the European Investigation Order

Summary/Abstract: In Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014, regarding the European Investigation Order, the newest instrument for judicial cooperation in criminal matters was created, designed to replace the existing fragmented framework which allowed for the obtaining of evidence in the procedures with cross-border implications. Based on the principle of mutual recognition, the European Investigation Order attempts to solve some of the issues raised by the previous instruments, which are founded upon the same principle. To this end, we note the European legislator’s concern for the creation of mechanisms intended to provide high protection of fundamental rights of the persons involved in the criminal procedures in which such an order is used. In this context, the purpose of this work is to analyse this new instrument in terms of protection of fundamental rights, to identify the protection standard offered by the Directive, as well as to emphasize the aspects that will require improvement as a result of the implementation of its provisions.

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