Unit:
Κατεύθυνση Ποινικό Δίκαιο και Ποινική ΔικονομίαLibrary of the School of Law
Supervisors info:
Αριστομένης Τζαννετής, επίκουρος καθηγητής, Νομική Σχολή ΕΚΠΑ
Original Title:
Η Ευρωπαϊκή Εντολή Έρευνας
Translated title:
The European Investigation Order
Summary:
The subject of the present master thesis is the European Investigation Order (EIO), which was established by Directive 2014/41/EU and was later incorporated into the Greek legal order by means of Law 4489/2017. This Directive constitutes the most complete regulation in the field of judicial cooperation in criminal matters so far and attempts to replace the previous fragmented legal regime by introducing a single instrument for the collection and exchange of evidence within the EU. As declared in the Preamble of the Directive, EIO is based on the principle of mutual recognition, but also takes into account the flexibility of the traditional system of mutual legal assistance. The question that arises is to what extent the new Directive can be considered as a step forward or a step backwards. In order to answer this question, the previous legal tools are presented, the provisions of the Directive -with a focus on its innovations- are analyzed, while at the same time the way in which the Greek legislator faced the challenges of implementing the Directive is approached and his choices are assessed. Finally, a part of this thesis is devoted to the issue of human rights’ protection, since the deficient safeguarding of the defendant’s procedural rights has been one of the most strongly criticized points of the Directive’s drafts as well as of the earlier legal texts.
Main subject category:
Law and Legislation
Other subject categories:
Criminal Procedure
Criminal Law
Keywords:
European investigation order, EIO, judicial cooperation in criminal matters, mutual recognition, mutual assistance
