IMPACTUL DIMENSIUNII TRANSFRONTALIERE ASUPRA DREPTURILOR PERSOANELOR ACUZATE DE SĂVÂRŞIREA UNOR INFRACŢIUNI
THE IMPACT OF THE CROSS-BORDER DIMENSION ON THE RIGHTS OF PERSONS ACCUSED OF COMMITTING CRIMINAL OFFENCES

Summary/Abstract: This paper aims to emphasize the importance of standards for the protection of fundamental human rights in criminal proceedings with cross border elements, the efforts made by the Union legislature to establish minimum rules in this area, as well as situations arising in judicial practice which show that, in certain cases, procedural acts turn into an obstacle to international judicial cooperation in criminal matters. In this endeavor, we aim to explore how the case law of the Court of Justice of the European Union operates to ensure a balance between the effectiveness of the activities of prosecuting authorities or courts and the safeguards granted to persons who are the subject of criminal proceedings with cross border elements. The effectiveness of the instrument of international judicial cooperation in criminal matters, with particular reference to the European Arrest Warrant, cannot be achieved where there is a real risk of violation of fundamental rights, and the strengthening of the balance within the area of freedom, security and justice is obstructed in the absence of clarification, supplementation or the imposition of an obligation on the Member States to comply with protection standards, especially in the face of implementation shortcomings.

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