Comparative aspects of judicial police in other EU states, with a particular reference to the draft law on the reform of the French judicial police Cover Image

Aspecte comparative privind poliţia judiciară in alte state ale UE, cu o privire particulară asupra proiectului de lege privind reforma poliţiei judiciare franceze
Comparative aspects of judicial police in other EU states, with a particular reference to the draft law on the reform of the French judicial police

Author(s): Ştefania Stan, Dragoş Nicolae Dumitru
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Comparative Law
Published by: Universul Juridic
Keywords: judicial reform; judicial police; legislative process; control; judicial authority; prosecutor;

Summary/Abstract: Whatever the nature, missions and role of the "judicial police", a true reform of the judicial police will have to circumscribe a single major concern: that of becoming more effective, in order to respond to the citizen's sense of insecurity, increasingly acute nowadays, having multiple sources. On the other hand, a reform of the judicial police must be able to bring increased efficiency to the activity of combating the phenomenon of crime, especially regarding organized crime, serious crimes or combating acts of corruption, in relation to investigative powers of the causes provided for by the various national legislations. Tasked with enforcing the law, the police are, in principle, the only body equipped with armed force authorized for its use, obviously in a domestic context. At the same time, the police have important powers, access and means that, based on the law, they can use in the activity of investigating crimes, but which in turn are threats to individual freedoms, having an intrusive effect on private life, so their use it can only be justified when it is carried out in compliance with the law. In this context, the existence of a control of the judicial authority over the activity of the judicial police appears to be absolutely necessary in a state of law. However, is it sufficient that this control be limited to the current legislative provisions regarding the supervision by the prosecutor of the criminal investigation activity carried out by the police bodies? Or is there a need to expand the notion of control of the judicial authority over the activity of the judicial police, as a whole? In this light, it must be accepted that such a reform inevitably becomes a political challenge.

  • Issue Year: 2023
  • Issue No: 1
  • Page Range: 15-27
  • Page Count: 13
  • Language: Romanian