The present paper deals with the use of investigative powers affecting fundamental rights in criminal procedures. The analysis provides firstly a historical reconstruction of the solutions to coercive means embodied in the most relevant international and supranational texts in Europe. The present study offers, furthermore, a proposal for setting a fair transnational procedure, based on the idea of mutual integration of national laws. This proposal, which aims at offering an alternative to the prevailing project of harmonising the rules of evidence in cross-border cases, focuses on the creation of an ad hoc procedure reflecting a new balance between the state-related needs and the protection of the fundamental rights of the individuals affected by investigative measures.
Investigative powers affecting fundamental rights and principles for a fair transnational procedure in criminal matters. A proposal of mutual integration in the multicultural EU area
RUGGERI, Stefano
2012-01-01
Abstract
The present paper deals with the use of investigative powers affecting fundamental rights in criminal procedures. The analysis provides firstly a historical reconstruction of the solutions to coercive means embodied in the most relevant international and supranational texts in Europe. The present study offers, furthermore, a proposal for setting a fair transnational procedure, based on the idea of mutual integration of national laws. This proposal, which aims at offering an alternative to the prevailing project of harmonising the rules of evidence in cross-border cases, focuses on the creation of an ad hoc procedure reflecting a new balance between the state-related needs and the protection of the fundamental rights of the individuals affected by investigative measures.Pubblicazioni consigliate
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