Subjects of analysis in this paper are the latest instruments for investigation and collection of evidence in criminal cases applicable to the legal cooperation between the EU Member States.Emphasis is placed on the European Investigation Order (EIO) -the newest EU measure for legal assistance in criminal matters. Based on a comparison with existing tools in the same field there are highlighted the advantages of EIO for affirmation of the principle of mutual recognition of judgments in the European area of criminal justice.
In a digital age when national borders are not a barrier to offenders, access to electronic databases, often located in several countries, is required for a thorough criminal investigation and the correct resolution of a large number of criminal cases. The collection of information stored by cloud and telecommunication service providers for criminal prosecution purposes inevitably addresses issues of personal rights and freedoms. The CJEU has clarified that any restriction on the right to private life and data protection must be consistent with the requirements of legality, necessity and proportionality provided for in EU law. This study analyzes the compliance of the latest EU legislative instruments on a transnational collection of electronic data tothe European human rights standards and the principles of criminal justice.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.