The present paper analyses the issue of coercive measures in EU cooperation in criminal matters. This study focuses on transnational criminal investigations in the framework of horizontal cooperation, providing an overview of the way the systems of judicial assistance based on the MLA and the MR models have dealt with coercive means. The analysis aims at a reconstructive proposal based on the idea of a multilevel integration of the laws of the cooperating authority aimed at creating an ad hoc transnational procedure reflecting a new balance between the state’s need to ensure efficient prosecution and the protection of the fundamental rights of the individuals affected by investigative measures of coercion.
Multiculturalism, Coercive Measures, Human Rights in EU Judicial Cooperation in Criminal Matters
RUGGERI, Stefano
2013-01-01
Abstract
The present paper analyses the issue of coercive measures in EU cooperation in criminal matters. This study focuses on transnational criminal investigations in the framework of horizontal cooperation, providing an overview of the way the systems of judicial assistance based on the MLA and the MR models have dealt with coercive means. The analysis aims at a reconstructive proposal based on the idea of a multilevel integration of the laws of the cooperating authority aimed at creating an ad hoc transnational procedure reflecting a new balance between the state’s need to ensure efficient prosecution and the protection of the fundamental rights of the individuals affected by investigative measures of coercion.Pubblicazioni consigliate
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