Transnational Cooperation in Criminal Matters and the Safeguarding of Human Rights

39 Pages Posted: 5 Jun 2007

See all articles by Aukje A.H. Van Hoek

Aukje A.H. Van Hoek

University of Amsterdam Institute for Private Law

Michiel J.J.P. Luchtman

Utrecht University - School of Law

Abstract

In this article we will try to pinpoint the responsibilities of states involved in mutual assistance in criminal matters within the EU framework, with respect to the effective enforcement of the European Convention on Human Rights. What responsibilities do the requested and the requesting state have? What are the risks for effective enforcement under the current system of transnational cooperation (based on mutual trust) and how, if at all, are these risks to be countered without undermining the cooperation itself? This analysis is preceded by a more general introduction into the case law of the ECtHR on transnational cooperation. The focus will be on cooperation within the EU, so as to be able to take into account the special features of cooperation under the EU Treaty. In a separate paragraph attention is given to the new forms of cooperation that are currently in use or are being developed within the EU framework, to wit the joint investigation teams (JIT) and the proposal for a European Evidence Warrant (EEW).

Keywords: mutual assistance in criminal matters, exchange of information, human rights, fair trial, privacy, state responsibility

Suggested Citation

Van Hoek, Aukje A.H. and Luchtman, Michiel J.J.P., Transnational Cooperation in Criminal Matters and the Safeguarding of Human Rights. Utrecht Law Review, Vol. 1, No. 2, pp. 1-39, December 2005, Available at SSRN: https://ssrn.com/abstract=991298

Aukje A.H. Van Hoek (Contact Author)

University of Amsterdam Institute for Private Law ( email )

Amsterdam, 1000 BA
Netherlands

Michiel J.J.P. Luchtman

Utrecht University - School of Law ( email )

3508 TC Utrecht
Utrecht
Netherlands

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