Morozienė, Sonata

Current issues and realities of the European Union legislation development related to international cooperation in criminal proceedings are analyzed in the article. The content of the European Union competence, its scope while regulating the judicial and police cooperation is revealed. The authors, in accordance with the currently existing legal provisions, legislative ideas and the prevailing practice of legal cooperation in criminal matters, ask if one of the segments of international cooperation in criminal proceedings – free movement of evidence – corresponds to the initial ideas of the so-called cornerstone - mutual recognition, or, however, the current issues force to admit that this segment is still in search – discovery-search stage. This Article draws attention to the fact that in reality the harmonisation process of the European Union law and the Member State national law is not as smooth as it is intended to demonstrate in program provisions, declarations and legislative initiatives.

Purpose – to analyze a new legal measure for international cooperation, i.e. the European Investigation Order, and the prospects. Design/methodology/approach – the document analysis, comparative and critical approach. Finding – regulation of the European Investigation Order and possible interferences, which hinder to cooperate efficiently and smoothly when applying this measure, are disclosed by reviewing them. Research limitations/implications – the review provides a comprehensive view of the European Investigation Order, the perspective of boundaries in its practical application. Thus, it is easier to single out its advantages and disadvantages. Practical implications – it is expected that insights, provided by research, will be useful for the adoption of Directive 2014/41 / EU (European Investigation Order). Originality/Value – Although Directive 2014/41 / EU is already approved, it raises many questions regarding the European Investigation Order application1. Thus, this research is original on its insights and observations.

Current issues and realities of the European Union legislation development related to international cooperation in criminal proceedings are analyzed in the article. The content of the European Union competence, its scope while regulating the judicial and police cooperation is revealed. The authors, in accordance with the currently existing legal provisions, legislative ideas and the prevailing practice of legal cooperation in criminal matters, ask if one of the segments of international cooperation in criminal proceedings – free movement of evidence – corresponds to the initial ideas of the so-called cornerstone - mutual recognition, or, however, the current issues force to admit that this segment is still in search – discovery-search stage. This Article draws attention to the fact that in reality the harmonisation process of the European Union law and the Member State national law is not as smooth as it is intended to demonstrate in program provisions, declarations and legislative initiatives.