Abstract
Comparative analysis has shown that the right to an effective legal remedy is a common feature of the examined criminal justice systems. To a wide extent, the mechanisms of judicial protection are construed by analogy with the corresponding rules in domestic criminal proceedings, thereby extending existing loopholes to transnational proceedings. Instead of addressing the vulnerability of individuals in this particular transnational setting, the states tend to limit judicial protection in international cooperation in criminal matters by the principle of trust in and respect for the sovereignty of other states and the understanding that cross-border cooperation forms part of interstate relations that do not affect the rights of individuals as such. The comparative analysis has already revealed that this traditional understanding does not reflect recent developments in international and European human rights standards. This chapter shall, therefore, analyse and explore the international and EU rules on judicial protection in transnational criminal proceedings. To this end, the first subsection will give a brief overview on the relevant provisions of the European Convention on Human Rights (ECHR), the corresponding guarantees in the EU Charter of Fundamental Rights (EU-CFR) and EU legislation on the law of criminal procedure. On this basis, the second part will elaborate on judicial protection in transnational proceedings in the light of human rights standards and EU legislation and the principle of mutual recognition in particular.
Published Version
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