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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

2021-06-16T19:36:42+01:00

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 [...]

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 ABW25862021-06-16T19:36:42+01:00

Considerations regarding the Gavanozov II case before the CJEU

2021-03-29T14:57:00+01:00

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 [...]

Considerations regarding the Gavanozov II case before the CJEU2021-03-29T14:57:00+01:00

The Fundamental Rights Objections

2021-03-15T20:11:25+01:00

In a previous contribution to this blog Jan Stajnko and Mário Simões Barata commented the CJEU´s first ruling on the European Investigation Order (EIO) in Case C-324/17, Gavazonov, 24th October 2019, and pointed out to the fundamental rights objections in the Opinion of the Advocate General Yves Bot of 11 April 2019 and the criticisms expressed by legal scholars. The CJUE ruled that the national issuing authority does not have to include a description of the legal remedies available in the issuing State to challenge an EIO when it fills out Section J of the form that can be found in [...]

The Fundamental Rights Objections2021-03-15T20:11:25+01:00

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

2020-12-20T13:15:09+01:00

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’ [...]

ECJ Grand Chamber Judgment on the eligibility of prosecutors to issue European Investigation Orders (C-584/19)2020-12-20T13:15:09+01:00

EIO-LAPD Conference Registration and Schedule

2020-12-03T11:33:56+01:00

  You can now register for our EIO-LAPD conference via this link: Webinar Registration - Zoom What are you waiting for? Go ahead and register to attend the FREE online conference on the 8th and 9th of December. You can also take a look at the  official conference schedule! Conference Schedule - EIO 2020    

EIO-LAPD Conference Registration and Schedule2020-12-03T11:33:56+01:00

Online Conference “European Investigation Order – Legal Analysis and Practical Dilemmas”

2020-12-01T22:41:55+01:00

We would like to invite all interested parties to attend the FREE online conference “European Investigation Order – Practical Dilemmas and Theoretical Considerations”. Prosecutors, judges, attorneys and academics from multiple EU Member States will share best practices and identify key shortcomings of the European Investigation Order. Presentations will be held by invited speakers from Germany, Austria, Italy, Croatia, Slovenia, Hungary, Romania, Portugal and Macedonia. Facebook event is available HERE.  Online registration and finalized schedule of the conference and will be available soon! We can however already provide a sneak peek into the preliminary conference schedule (may be subject to some minor [...]

Online Conference “European Investigation Order – Legal Analysis and Practical Dilemmas”2020-12-01T22:41:55+01:00

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

2020-11-21T10:05:14+01:00

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 [...]

Cross-border gathering of electronic evidence under the framework of the EIO-Directive from a student’s perspective2020-11-21T10:05:14+01:00

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

2020-11-08T18:09:00+01:00

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 [...]

The effects of the ECJ “Parquet de Lübeck” judgement on Croatian criminal justice system2020-11-08T18:09:00+01:00

General advocate’s opinion on the eligibility of prosecutors to issue European Investigation Orders (C-584/19)

2020-10-22T14:45:30+01:00

In Case C‑584/19, the Advocate General delivered his opinion (Opinion of Advocate General Campos Sánchez-Bordona, 16 July 2020, C-584/19, Celex-No. 62019CC0584). At the heart of the case lies an EIO issued by the Public Prosecutor's Office in Hamburg, which requested the transfer of certain data from an account held in Austria. As the obtaining of such information under Austrian law requires a court authorization, the Vienna Public Prosecutor's Office filed an application with the Landesgericht für Strafsachen Vienna (Austria). In view of the ECJ decision on the status of the German Public Prosecutor's Offices in the context of the European Arrest [...]

General advocate’s opinion on the eligibility of prosecutors to issue European Investigation Orders (C-584/19)2020-10-22T14:45:30+01:00

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

2020-10-11T14:27:46+01:00

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 [...]

Will the new and updated EU judicial environment remove the barriers to justice?2020-10-11T14:27:46+01:00