Journal of Danubian Studies and Research, Vol 6, No 2 (2016)

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

Bogdan Birzu

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 proposals de lege ferenda.

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).


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