Procedures and Guarantees for the Issuing State in Case of Issuing a European Evidence Warrant. Critical Opinions

Abstract

In this paper we have examined the provisions of the legislative act by which it provides a new form of legal assistance in criminal matters between the Member States, i.e. the European Warrant for obtaining Evidence. Under the examination there were considered the conditions for issuing the warrant, transmission and the conditions of use of personal data and the manner in which a warrant is issued after issuing a freezing order or other European warrant for obtaining evidence. The innovation it brings the current paper consist of the achieved examination, the critical opinions and the de lege ferenda proposals. The work can be useful to academics and practitioners who have specific responsibilities in the field of judicial cooperation in criminal matters between Member States (judges, prosecutors and lawyers).

Keywords

• european evidence warrant; de lege ferenda proposals; legal assistance in criminal matters