EIRP Proceedings, Vol 4 (2009)

Abstract

The assurance of a better judicial cooperation between European Union Member States is a constant preoccupation of the Council of Europe, taking into consideration that the European Union has set itself the objective of maintaining and developing an area of freedom, security and justice. The achievement of this objective is only possible if among EU Member States there is a high level of confidence and a mutual recognition of the decisions issued by the competent judicial authorities. The European arrest warrant was the first concrete measure in the field of criminal law implementing the principle of mutual recognition which the European Council referred to as cornerstone of judicial cooperation. It was followed by other measures designed to create the legal framework of the judicial cooperation; some of these measures concerns the fight against corruption, terrorism, cross-border criminality, racism and xenophobia while others are applicable in any case, such as the order of freezing the property and the evidence. On 18 December 2008, a new instrument was created in order to improve the judicial cooperation between the Member States: the European evidence warrant. Its purpose is to assure the obtaining of the objects, documents and data which may be used
as evidence in proceedings in criminal matters in issuing State, from another Member State. So, the aim of this Framework Decision is to complete the provision of the Decision on the execution of orders freezing property and evidence which is not talking about the transfer of the evidence after the freezing. Romania, like the other European Union Member States must transpose the provision of this Decision in the national law by 19 January 2011. That is why we would like to analyse the procedures and the safeguards provided by this Decision and to show the way we see the European evidence warrant settled in our legislation.