Wednesday, October 23, 2019
Serghei Pântea and Vladislav Cojuhari (Ministry of Internal Affairs and affiliation not provided to SSRN) have posted On Some Safeguards in Criminal Matters in the Case-Law of the Court of Justice of the European Union (Conferința Internațională Științifico-Practică, Ed. IV, Integrarea Europeană: Aspecte Economico-Juridice, 2018) on SSRN. Here is the abstract:
The issue of safeguards in criminal proceedings has a thorough dimension, being enshrined in the community acquis and case-law of the Court of Justice of the European Union. This paper presents a comprehensive analysis of the jurisprudence of the CJEU and main EU regulations in criminal matters, especially those concerning safeguards, making appropriate references to the findings. The methodological, theoretical and scientific support of the paper is comprehensive. We appealed to logical, systemic and historical methods of research. An innovative approach is based inter alia on the analysis of the evolution of main regulations in criminal matters and the jurisprudence of the CJEU, systematization, and delivering a comprehensive approach towards the issue. The main purpose of the research is to establish and elaborate on some of the safeguards, explaining appropriately the concepts.
a) determining the evolution of the safeguards with respect to the legal order of
the European Union;
b) identifying and determining the range of safeguards and explaining them;
c) revealing some of the most relevant findings in the jurisprudence of the CJEU.