| Abstract [eng] |
This study specifically analyses the free movement of evidence as a criterion for effective judicial cooperation, which is also a principle objective of the EU, and which is necessary in the light of the growing need to combat crime, which often “crosses” the borders of a single Member State. The main purpose of the dissertation is to analyse the free movement of evidence as a criterion for judicial cooperation and the factors affecting the free movement of evidence, to identify trends of the development of judicial cooperation in the area and find out whether the current regulation defining the criterion in question is effective. The analysis reveals that the free movement of evidence can be described as a process based on the principle of mutual recognition, starting with the request for evidence or evidence collection and ending with evidence transmission to the requesting State. The basis of this process entails, firstly, the confidence in the legal system of another State and, secondly, the trust in the system of human rights protection entrenched by that State. The dissertation analyses also shows that instruments of EU judicial cooperation fail to contribute to mutual trust between Member States and thus to the free movement of evidence. The existing instruments of judicial cooperation are still unable to ensure uniformity in: a) the application of legal terms; b) the enforcement of fundamental human rights; c) the rejection of evidence inconsistent with set standards. |
