Description
This book contributes to the European-wide discourse on how to enhance the effectiveness and the practical implementation of the Directive 2014/41/EU on the European Investigation Order in Criminal Matters of the European Parliament and of the Council of 3 April 2014 (EIO). Through national reports (Part I), the analysis of selected topics (Part II), and shorter case comments (Part III), the book's objective is to equip target groups with specialised knowledge about the cross-border evidence gathering procedure described in the Directive 2014/41/EU. This book is the last and final part of the project 'European Investigation Order - legal analysis and practical dilemmas of international cooperation - EIO-LAPD' in the EU Justice Programme. It presents a contribution to the European-wide discourse on how to enhance the effectiveness and the practical implementation of the Directive 2014/41/EU on the European Investigation Order in Criminal Matters of the European Parliament and of the Council of 3 April 2014 (EIO). Through national reports (Part I), the analysis of selected topics (Part II), and shorter case comments (Part III), the book's objective is to equip target groups with specialised knowledge about the cross-border evidence gathering procedure described in the Directive 2014/41/EU. Unlike other parts of the project, this monograph is targeted at the legal community, students of law, NGOs and the interested public. Its goal is to achieve a greater inclusion of dilemmas connected with the practical application of the Directive into the legal and public discourse. I. National ReportsCharlotte Genschel, Lara Schalk-Unger and Nikolina KulundzijaThe European Investigation Order - National Report AustriaElizabeta Ivic evic Karas, Zoran Buric, Marin Bonac ic and Aleksandar Mars avelskiEuropean Investigation Order In Croatia - Normative Framework and Practical ChallengesKai Ambos, Peter Rackow and Alexander HeinzeThe European Investigation Order - a German PerspectiveLaura Scomparin, Valeria Ferraris, Andrea Cabiale, Caroline Peloso and Oscar CalavitaAbbreviated National Report - ItalyMário Simões Barata, Ana Paula Guimarães and Daniela Serra CastilhosThe European Investigation Order in Portugal - Legal Analysis and Practical DilemmasMiha Sepec, Tamara Dugar, Anze Erbeznik and Jan StajnkoLegal Implementation and Practical Application of the EIO Directive in SloveniaMiha Sepec, Tamara Dugar and Jan StajnkoEuropean Investigation Order - A Comparative Analysis of Practical and Legal DilemmasII. Special TopicsKai Ambos and Peter RackowDevelopments and Adaptations of the Principle of Mutual Recognition - Reflections on the Origins of the European Investigation Order with a View to a Practice-Oriented Understanding of the Mutual Recognition PrincipleLaura Scomparin and Caroline PelosoDefend Yourself, by Contesting: Considerations on the Relationship Between Right of Defence and Right to Contest in the European Investigation OrderCaroline Peloso and Oscar CalavitaInterception of Telecommunications: Strengths and Weaknesses of the European Investigation Order Directive (2014/41/EU)Miha Sepec and Lara Schalk-UngerSpecial Part of EU Criminal Law: The Level of Harmonization of the Categories of Offences Listed in Annex D in EU Legislation and Across Selected Member StatesLaura Scomparin and Andrea CabialeThe Principle of Proportionality in Directive 2014/41/EU - Challenges of the Present and Opportunities for the FutureAnze Erbeznik and Marin BonacicEuropean Investigation Order, E-Evidence and the Future of Cross-Border Cooperation in the EUIII. Short CommentsJan Stajnko, Mário Simões Barata and István SzijártóComments re Gavanozov I and Gavanozov IIPeter Rackow, Elizabeta Ivicevic Karas, Zoran Buric, Marin Bonacic and Aleksandar MarsavelskiComments re Parquet de LübeckList of EditorsList of AuthorsSubject Index Kai Ambos has a Chair for Criminal Law, Criminal Procedure, Comparative Law and International Criminal Law at the University of Göttingen, Germany and is Acting Director of the Institute of Criminal Law and Justice. He is Judge at the Kosovo Specialist Chambers in The Hague; Advisor (amicus curiae) of the Colombian Special Jurisdiction for Peace; Director of the Centro de Estudios de Derecho Penal y Procesal Penal Latinoamericano (CEDPAL); Editor-in-Chief of Criminal Law Forum and Life Member Clare Hall College, University of Cambridge. His main research lies in criminal law and procedure, comparative law and international criminal law, with a regional focus on Latin America, Portugal, Spain and Eastern Europe.Peter Rackow is an Adjunct Professor at the Faculty of Law of the Georg-August-Universität Göttingen since 2018 and executive director of the Göttingen Association for Criminal Law, Criminal Justice and Criminology and their Application since 2021. After his Habilitation in 2007, he taught at the German Police University (Deutsche Hochschule der Polizei) in Münster-Hiltrup and subsequently worked as a lawyer specialising in traffic law. He is also a long-standing member of the Lower Saxony State Judicial Examination Office (Landesjustizprüfungsamt, Celle). His main areas of interest are national criminal law in the area of offences against public order and European criminal law as well as mutual legal assistance.Miha Sepec, associate professor of criminal law, graduated in 2010 at the Faculty of Law of University of Ljubljana and later in 2015 finished his PhD in criminal law field at Faculty of Law of University of Maribor. He has published more than 150 works in the field of criminal law, international and constitutional law. His specialization is cybercrime, criminal law theory, criminal process, media law, and criminal constitutional doctrine. He is the single author of a scientific monography Cybercrime: Criminal Offences and Criminal Law Analysis, editor and leading author of the Commentary of the Slovenian Criminal Code and one of the authors of the Commentary of the Slovenian Constitution.
