This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system.
The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.

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nexusstc/Transnational Evidence and Multicultural Inquiries in Europe: Developments in EU Legislation and New Challenges for Human Rights-Oriented Criminal Investigations in Cross-border Cases/6d16b87943d96b258e9d61c22ca3cd3f.pdf

scihub/10.1007/978-3-319-02570-4.pdf

zlib/Jurisprudence & Law/Stefano Ruggeri (auth.), Stefano Ruggeri (eds.)/Transnational Evidence and Multicultural Inquiries in Europe: Developments in EU Legislation and New Challenges for Human Rights-Oriented Criminal Investigations in Cross-border Cases_2300883.pdf

Ruggeri (Ed.), Stefano

Springer Nature Switzerland AG

Springer London, Limited

Springer Nature, Cham, 2014

Switzerland, Switzerland

Cham, Heidelberg, 2014

Londres, cop. 2014

2014, 2013

sm41111547

{"edition":"1","isbns":["3319025694","3319025708","9783319025698","9783319025704"],"last_page":231,"publisher":"Springer"}

Front Matter....Pages i-xi
Front Matter....Pages 1-1
Introduction to the Proposal of a European Investigation Order: Due Process Concerns and Open Issues....Pages 3-25
Front Matter....Pages 27-27
The European Investigation Order: A Rush into the Wrong Direction....Pages 29-35
General Considerations on the European Investigation Order....Pages 37-44
The European Investigation Order: Fundamental Rights at Risk?....Pages 45-49
Collecting Criminal Evidence Across the European Union: The European Investigation Order Between Flexibility and Proportionality....Pages 51-67
Front Matter....Pages 69-69
The Proposal for a Directive on the European Investigation Order and the Grounds for Refusal: A Critical Assessment....Pages 71-90
Critical Remarks on the Proposal for a European Investigation Order and Some Considerations on the Issue of Mutual Admissibility of Evidence....Pages 91-105
European Investigation Order: The Defence Rights Perspective....Pages 107-109
The Rules on Legal Remedies: Legal Lacunas and Risks for Individual Rights....Pages 111-118
The Defendant’s Rights in the Hearing by Videoconference....Pages 119-126
The EIO Proposal and the Rules on Interception of Telecommunications....Pages 127-137
The EIO Proposal for a Directive and Mafia Trials: Striving for Balance Between Efficiency and Procedural Guarantees....Pages 139-149
European Investigation Orders and Non-repeatability of Evidence in Cross-Border Cases: The Italian Perspective....Pages 151-158
Front Matter....Pages 159-159
Solution Models and Principles Governing the Transnational Evidence-Gathering in the EU....Pages 161-180
Criminal Evidence and Respect for Fair Trial Guarantees in the Dialogue Between the European Court of Human Rights and National Courts....Pages 181-192
Transnational Investigations and Prosecution of Cross-Border Cases in Europe: Guidelines for a Model of Fair Multicultural Criminal Justice....Pages 193-228
Back Matter....Pages 229-231

The European Investigation Order : A Rush Into The Wrong Direction / Bernd Schünemann -- General Considerations On The European Investigation Order / Tommaso Rafaraci -- The European Investigation Order : Fundamental Rights At Risk? / Richard Vogler -- Collecting Criminal Evidence Across The European Union : The European Investigation Order Between Flexibility And Proportionality / Silvia Allegrezza -- The Proposal For A Directive On The European Investigation Order And The Grounds For Refusal : A Critical Assessment / Lorena Bachmaier Winter -- Critical Remarks On The Proposal For A European Investigation Order And Some Considerations On The Issue Of Mutual Admissibility Of Evidence / Rosanna Belfiore -- European Investigation Order : The Defence Rights Perspective / Laura Autru Ryolo -- The Rules On Legal Remedies : Legal Lacunas And Risks For Individual Rights / Alessandro Arena -- The Defendant's Rights In The Hearing By Videoconference / Alessandra Grio -- The Eio Proposal And The Rules On Interception Of Telecommunications / Simona Arasi -- The Eio Proposal For A Directive And Mafia Trials : Striving For Balance Between Efficiency And Procedural Guarantees / Paola Maggio -- European Investigation Orders And Non-repeatability Of Evidence In Cross-border Cases : The Italian Perspective / Diego Foti -- Solution Models And Principles Governing The Transnational Evidence-gathering In The Eu / Bernd Schünemann -- Criminal Evidence And Respect For Fair Trial Guarantees In The Dialogue Between The European Court Of Human Rights And National Courts / Richard Vogler -- Transnational Investigations And Prosecution Of Cross-border Cases In Europe : Guidelines For A Model Of Fair Multicultural Criminal Justice / Stefano Ruggeri. Stefano Ruggeri, Editor. International Conference Proceedings. Includes Bibliographical References.

This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system.The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.
Erscheinungsdatum: 30.12.2013

Transnational Evidence and Multicultural Inquiries in Europe

2014-01-18