Acta Universitatis Danubius. Juridica, Vol 14, No 3 (2018)

Conditions Derived from the ECHR Jurisprudence for the Effectuation of Interceptions in European Union Member States

Sandra Gradinaru

Abstract


The present paper aims to analyze ECHR jurisprudence on the provisions regarding technical supervision at European level.

The focus of the research is on the conditions of authorization and the legislative demands derived from the European Court of Justice's judgments, which has repeatedly condemned the practices of the judicial authorities in the Member States regarding the performance of the technical supervision, and especially the ways of using the evidence thus obtained.

Undoubtedly, technical surveillance is an interference in the exercise of the right to privacy of any European citizen, interference which is conditioned by the existence of a superior interest, namely the public interest in bringing to justice the persons guilty of committing various offenses.

However, the ECHR consistent jurisprudence has shown that this public interest must not lead to the misuse of certain procedural measures, ignoring the right to a fair trial.

The academic and practical interest of this work lies in the fact that its addressability is as wide as the entire European Union. Thus, the present study can support practitioners of law in any EU Member State, all the more so as national criminal law or criminal law systems tend towards a homogeneous legal provision.


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