Cross-border investigation, preliminary ruling and criminal judicial cooperation

Abstract: This paper is based on the analysis of the steps that have been taken in the sector of criminal judicial cooperation in the European context. The preliminary reference procedure for investigations taking place at European and domestic level has as its objective the adoption of investigative measures and judicial instruments, showing that the ways for the integration of the criminal procedural cooperation system are now a never-ending reality and the legal tools are sufficient to make progress in combating impunity. Member state control of the European Delegated Prosecutor providing his supporting assistance is limited to relevant procedural issues that are related to the execution of investigative measures. Legality and proportionality is verified only in the state of the European Delegated Prosecutor who is in charge of the case. The analogy in interpretation of art. 31 of the Regulation EPPO also controls cross-border investigations by the European Public Prosecutor's Office and judicial cooperation tools in criminal matters for the foreseeable future.