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ECJ Grand Chamber Judgment on the eligibility of prosecutors to issue European Investigation Orders (C-584/19)

By |2020-12-20T13:15:09+01:00December 20th, 2020|Blog, Uncategorized|

On 8th December 2020, the European Court of Justice ruled that public prosecutors' offices can still be judicial or issuing authorities within the meaning of Articles 1(1) and 2(c) of the Directive regarding the European Investigation Order in criminal matters (EIO), ‘regardless of any relationship of legal subordination that might exist between the public prosecutor or public prosecutor’s office and the executive of that Member State and of the exposure of that public prosecutor or public prosecutor’s office to the risk of being directly or indirectly subject to orders or individual instructions from the executive when adopting a European investigation order’ [...]

Cross-border gathering of electronic evidence under the framework of the EIO-Directive from a student’s perspective

By |2020-11-21T10:05:14+01:00November 21st, 2020|Blog, Uncategorized|

Earlier this week, an article regarding the cross-border gathering of electronic evidence under the EIO-Directive was published in the University of Graz Law School’s Paper – Law@Graz. The idea behind publishing an article written by a student in a paper for students was to present the EIO-LAPD project to them, as well as interest them in this rather complex topic by writing about something that appeals to younger generations, namely the electronic evidence. The article tried to shed some light on the relevance of the EIO-Directive mirrored in substantive changes in the horizontal model of judicial cooperation it established, especially when [...]

The effects of the ECJ “Parquet de Lübeck” judgement on Croatian criminal justice system

By |2020-11-08T18:09:00+01:00November 8th, 2020|Blog, Uncategorized|

In its judgement in joined cases C-508/18 (Parquet de Lübeck) and C‑82/19 PPU (Parquet de Zwickau) which was delivered on 27 May 2019, the European Court of Justice found that the German Public Prosecutor does not qualify as an “issuing judicial authority” within the meaning of Art. 6(1) of the Framework Decision on the European Arrest Warrant. Art. 6(1) of the Framework Decision defines the meaning of the term “issuing judicial authority” thereby determining which national authority may be considered competent to issue a EAW. Therefore, the Court concluded that the German Public Prosecutor may not be considered such an authority [...]

Will the new and updated EU judicial environment remove the barriers to justice?

By |2020-10-11T14:27:46+01:00October 10th, 2020|Blog, Uncategorized|

EIO-LAPD partners from University of Maribor and Jožef Stefan Institute have published an article in the 5th number of the Journal for Commercial Labour and Social Law, Volume 289, indexed by Worldwide Political Science Abstracts (WPSA). The article is dealing with the EIO Directive and the problems appearing in collecting cross border electronic evidence. It is a contribution from the work carried within the dissemination part of the EIO LAPD project. The article provides an exhaustive discussion and comments about important problems in the today’s interconnected society and crime investigation implemented with use of the EIO instruments. Based on a survey [...]

News on the on-going legislative processes on 2018 legislative proposals regarding electronic evidence in criminal matters

By |2021-09-09T12:00:57+01:00September 9th, 2021|Blog|

EPRS | European Parliamentary Research Service, and Committee for Civil Liberties, Justice and Home Affairs (LIBE) has published in first half of  2021  the following briefing about the on-going legislative processes related to some aspects of EIO practice in connection with a request for  collecting  digital data in crime investigation: Electronic evidence in criminal matters OVERVIEW: In December 2020, the European Parliament's Civil Liberties, Justice and Home Affairs Committee adopted its reports on a pair of 2018 legislative proposals on electronic evidence in criminal matters, and mandates to start trilogue negotiations on the two proposals. The proposed new rules would allow [...]

Final EIO-LAPD Project Meeting

By |2021-09-07T14:17:31+01:00September 7th, 2021|Blog|

On the 27th August and 28th of August 2021, the final consortium meeting of the EU JUSTICE project EIO-LAPD took place at the Faculty of Law in Graz. The hosts of the final meeting, Prof. Dr. Hans-Peter Folz (Institute of European Law) and Prof. Dr. Gabriele Schmölzer (Institute of Criminal Law, Criminal Procedure and Criminology) welcomed representatives of the Universities of Maribor, Göttingen, Turin, Zagreb and the Jožef Stefan Institute on site and digitally at the Faculty of Law to discuss the progress of EIO-LAPD. Since 2019, researchers from the partner universities have been working on researching the national implementation and [...]

New “unrepeatable technical” investigations have been ordered to establish the nature and characteristics of the contents of the bottles of the AstraZeneca vaccine for six batches: ABV2856, ABV6096, ABV5811, ABV3374, ABW1277 and ABW2586

By |2021-06-29T17:17:33+01:00June 16th, 2021|Blog, Uncategorized|

The Public Prosecutor Gaetano Bono, leading the investigation into the death of 43-year-old Stefano Paternó, a Navy petty officer in service at the base of Augusta (Syracuse), who died on 9th March last year at his home in Misterbianco (Catania, Sicily) fifteen hours after receiving his first dose of the AstraZeneca vaccine, is seeking a complete overview to ascertain what happened to Mr Paternó. The outcome of his investigation could also shed light on other investigations (currently about ten) opened throughout Italy into suspicious deaths related to receiving the first dose of the vaccine. It was the same Prosecutor who issued [...]

The Italian Court of Cassation underlines the importance of recognising the EIO for the protection of individual rights

By |2021-09-07T14:08:48+01:00June 12th, 2021|Blog, Uncategorized|

The Italian Court of Cassation, in a series of very interesting decisions, has censured some decisions pronounced by the Italian judicial authorities which had devalued the role of the European Investigation Order (EIO), instead recognising the validity of the instrument. In an initial decision - no. 8320 of 31 January 2019 - the Sixth Chamber of the Italian Court of Cassation had criticised the delayed communication to the defence of the decree recognising an EIO issued by Germany in tax evasion proceedings[1]. According to the Italian High Court, this should be seen as a clear breach of Article 4(4) of Italian [...]

The scope of the fundamental rights refusal ground

By |2021-09-07T14:10:31+01:00June 3rd, 2021|Blog, Uncategorized|

Art 11 para 1 point f EIO Directive explicitly formulates a ground for refusal of the recognition or execution of an incoming EIO due to a fundamental rights violation. This is a novelty compared to other European instruments of cross-border judicial cooperation. Accordingly, the executing state may refuse the recognition or execution of an EIO if it would violate Art 6 TEU or the CFR. This ground for refusal was adopted almost verbatim in the Austrian implementation law (§ 55a para 1 pint 7 EU-JZG). The fundamental rights refusal ground is to be used restrictively in the system of mutual recognition [...]

Considerations regarding the Gavanozov II case before the CJEU

By |2021-03-29T14:57:00+01:00March 29th, 2021|Blog|

Considerations regarding the Gavanozov II case before the CJEU Scholars already pointed out on this blog that the EIO has far-reaching consequences for the protection of fundamental rights. It is a procedural legal instrument based on the principle of mutual recognition, aiming to enhance judicial cooperation between Member States in criminal matters. As such it necessarily has a nature of constricting human rights to a certain extent. This could be observed in the Gavanozov I case brought before the Court of Justice of the European Union (CJEU) as well. In the criminal proceedings brought against I. D. Gavanozov the Spetsializiran nakazatelen [...]