| Title: | Procedural balance or structural disadvantage? Legal remedies and defence rights in European Investigation Order |
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| Authors: | ID Kordiš, Teodora (Author) |
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| Files: |  1-Kordis.pdf (1,38 MB)
MD5: A2976331093FC96450F4461D43C5253D
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| Language: | English |
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| Work type: | Unknown |
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| Typology: | 1.01 - Original Scientific Article |
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| Organization: | PF - Faculty of Law
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| Abstract: | As cross-border crime has increased, obtaining evidence from abroad has become crucial to effective prosecution. EU cross-border cooperation for evidence gathering has evolved from mutual legal assistance to instruments such as the European Investigation Order (EIO), which combines mutual assistance and mutual recognition and has significantly accelerated procedures. However, despite its advanced and structured regulation, the position of the defence in the EIO procedures remains uncertain in some countries. Directive 2014/41/EU does not provide a sufficient legal basis for the defence to issue an EIO independently, nor does it establish an explicit right to appeal against its issuance or execution. Although fundamental rights under the EU Charter and the ECHR apply to EIO proceedings, these standards are broadly framed and allow national discretion. The CJEU has taken a step forward, notably in Gavanozov II, highlighting the importance of legal remedies in EIO proceedings. Nonetheless, national criminal procedures still differ in key aspects, and significant gaps remain at the EU level in ensuring effective defence rights. |
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| Keywords: | European Investigation Order, mutual recognition, adversarial proceedings, rights of defence, ECHR, effective legal remedy |
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| Publication version: | Version of Record |
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| Publication date: | 01.06.2026 |
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| Year of publishing: | 2026 |
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| Number of pages: | str. 1-47 |
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| Numbering: | Vol. 18, no. 1 |
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| PID: | 20.500.12556/DKUM-98883  |
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| UDC: | 343.1:341 |
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| ISSN on article: | 1855-7155 |
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| COBISS.SI-ID: | 284700931 |
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| DOI: | 10.18690/lexonomica.18.1.1-47.2026 |
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| Publication date in DKUM: | 17.07.2026 |
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| Views: | 183 |
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| Downloads: | 4 |
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| Metadata: |    |
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| Categories: | Misc.
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