Procedures and Guarantees for the Executing State in Case of Executing the European Evidence Warrant. Some Critical Opinions

Abstract

The purpose of this paper is to submit to specialists in the fields, the examination procedures and guarantees for the State which has to execute a European Evidence Warrant with some personal opinions. The paper continues some previous examinations conducted on judicial cooperation in criminal matters in the European Union, the examined legislative act representing an absolute novelty in this area. The relevant results and conclusions of the study are relevant in the executing State examination procedures, procedures which in our opinion has some shortcomings, which in practice may lead to some conflicts between the judicial bodies involved. The work can be useful to both theorists and practitioners in the field, while the Romanian judicial authorities must apply those provisions. The essential contribution of this paper consists of the formulated critical views, the opinions aiming at the amendment and completion of the legislative act.

Keywords

• judicial cooperation; critical reviews; objects; documents and data