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.
General
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