International Cooperation in EU Pre-Trial Investigations and Its Future Role in Ukraine’s Legal Reform
DOI:
https://doi.org/10.15294/jllr.v5i3.3595Keywords:
Procedural Actions, Pre-Trial Investigation, Legal Cooperation, Organized Crime, Arrest WarrantAbstract
This article examines international cooperation between law enforcement agencies within the European Union (EU) during pre-trial investigations, guided by the Association Agreement between Ukraine and the EU. Special focus is placed on the European Arrest Warrant (EAW), analyzing its application, efficiency, and implications for Ukraine's prospective EU membership. The study emphasizes the need for Ukraine to align its legal framework with EU standards, considering the issuance and execution of EAWs. As Ukraine aims to become an EU member state, it must understand and comply with the procedures and best practices associated with these warrants. Despite the existing legal frameworks, challenges remain due to the lack of consistent practice across EU countries in issuing and executing the EAW. This research identifies key areas where Ukraine can improve its legal reforms to align with EU practices, particularly concerning EAW implementation. Recommendations include a detailed analysis of the EAW application process that accounts for the nuances of national legislation while adhering to EU regulations. By understanding these complexities and bridging legal gaps, Ukraine can effectively navigate the challenges and enhance international cooperation in criminal investigations. Ultimately, this article provides practical insights and policy recommendations to ensure Ukraine's successful integration into the EU's legal framework for pre-trial investigations. It highlights the importance of adopting best practices in the issuance and execution of the EAW, emphasizing the need for legal reforms that respect national peculiarities without contravening EU law.
References
Ambos, Kai. "The German Public Prosecutor as (no) Judicial Authority within the Meaning of the European Arrest Warrant: A Case Note on the CJEU’s Judgment in OG (C-508/18) and PI (C 82/19 PPU)." New Journal of European Criminal Law 10, no. 4 (2019): 399-407.
Chubinidze, Otar. "Legal Regulation of Universal Jurisdiction in the European Union and Its Member States." European and Comparative Law Journal 10, no. 1 (2019): 22-27.
Council of Europe. Convention on the Protection of Human Rights and Fundamental Freedoms. 1950. Retrieved from https://zakon.rada.gov.ua/laws/show/995_004#Text.
Council of the European Union. Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the Surrender Procedures Between Member States. 2002. Retrieved from https://eclan.eu/files/attachments/.1693/en_2.pdf.
Dashwood, Alan, and Angus C. Johnston, eds. The future of the judicial system of the European Union. (London: Hart Publishing, 2001).
Dragneva, Rilka, and Kataryna Wolczuk. "The EU-Ukraine association agreement and the challenges of inter-regionalism." Review of Central and East European Law 39, no. 3-4 (2014): 213-244.
Eurojust. Eurojust Annual Report. 2001. Retrieved from https://www.eurojust.europa.eu/eurojust-annual-report-2011-0.
European Commission. Commission Staff Working Document: Replies to Questionnaire on Quantitative Information on the Practical Operation of the European Arrest Warrant – Year 2018. 2020. Retrieved from https://ec.europa.eu/info/sites/info/files/swd_2020_127_f1_v1_en.pdf.
European Commission. Programme of Measures to Implement the Principle of Mutual Recognition of Decisions in Criminal Matters. 2001. Retrieved from https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32001Y0115(02)&from=EN.
European Council. Tampere European Council 15-16 October 1999: Presidency Conclusions. 1999. Retrieved from https://www.europarl.europa.eu/summits/tam_en.htm#c.
European Union. Association Agreement Between the European Union and Its Member States, of the One Part, and Ukraine, of the Other Part. 2014. Retrieved from https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A22014A0529%2801%29.
Heinisch, Reinhard, Duncan McDonnell, and Annika Werner. "Equivocal Euroscepticism: How Populist Radical Right Parties Can Have Their EU Cake and Eat It." JCMS: Journal of Common Market Studies 59, no. 2 (2021): 189-205.
Hooghe, Liesbet, and Gary Marks. "Grand Theories of European Integration in the Twenty-First Century." Journal of European Public Policy 26, no. 8 (2019): 1113-1133.
Kaiumova, A. R. "Mechanisms of the Criminal Jurisdiction Implementation by the EU Countries Within the Framework of the Creation of an Area of Freedom, Security and Justice." International Public and Private Law 4 (2005): 46-52.
Kaminska, Iryna. "The Judicial System of the European Union." Krakowskie Studia Małopolskie 3 (2021): 10-31.
Kaunert, Christian, and Sarah Léonard. "The Collective Securitisation of Terrorism in the European Union." West European Politics 42, no. 2 (2019): 261-277.
Kharchenko, Yu. V., and S. O. Mazepa. "To the Issue of International Cooperation of Ukraine and Europol." Scientific Activities of the Faculty of Law of the West Ukrainian National University 1 (2021): 258-261.
Klip, André. "European Criminal Law: An Integrative Approach." Ius Communitatis 2 (2021): 45-51
Kozlovskyi, Serhii, et al. "Management and comprehensive assessment of the probability of bankruptcy of Ukrainian enterprises based on the methods of fuzzy sets theory." Problems and Perspectives in Management 17, no. 3 (2019): 370-381.
Lenaerts, Koen. "The Rule of Law and the Coherence of the Judicial System of the European Union." Common Market Law Review 44, no. 6 (2007): 1625-1659.
Lošonczi, P., I. Britchenko, and O. Sokolovska. "Analysis of the Main Threats to the System of Sustainable Development and Planning of the Region in the Context of Ensuring the Economic Security of the State." International Journal of Sustainable Development and Planning 17, no. 5 (2022): 1411-1416. https://doi.org/10.18280/ijsdp.170504.
Mazaraki, A., T. Melnyk, S. Melnychenko, L. Kudyrko, T. Lositska, and K. Pugachevska. "Import Substitution Potential in the Conditions of Digital Transformation." Kharkiv: РС Technology Сеntеr, 164. doi: http://doi.org/10.15587/978-617-7319-51-0
Novikovas, Andrejus, et al. "The peculiarities of motivation and organization of civil defence service in Lithuania and Ukraine." Journal of Security & Sustainability Issues 7, no. 2 (2017). 369-380.
Spiliopoulos, Odysseas. "The EU-Ukraine association agreement as a framework of integration between the two parties." Procedia Economics and Finance 9 (2014): 256-263.
Traskevych, M. I. "European Arrest Warrant." Bulletin of the Vasyl Stus DonNU Student Scientific Society 1, no. 12 (2020): 99-105.
Verkhovna Rada of Ukraine. Constitution of Ukraine. 1996. Retrieved from https://zakon.rada.gov.ua/laws/show/254к/96-вр#Text.
Verkhovna Rada of Ukraine. Council Framework Decision of 13 June 2002 on the European Arrest Warrant and Procedures for the Transfer of Offenders Between Member States (2002/584/JHA). 2002. Retrieved from https://zakon.rada.gov.ua/laws/show/994_b17#Text.
Yaroshenko, Oleg M., et al. "Commercial Secret as an Object of Labour Relations: Foreign and International Experience." Journal of Legal, Ethical and Regulatory Issues 21 (2018): 1-10.
Zuev, V. V. "Harmonization of the Criminal Procedural Legislation of Ukraine on the Extradition of a Person in Criminal Proceedings with the Standards of the International Criminal Court." Criminal Procedure and Criminology: Forensic Examination. Lawyer of Ukraine 1 (2018): 55-61.
Downloads
Article ID
Published
Issue
Section
License
Copyright (c) 2024 Oleksandr I. Kozachenko, Volodymyr Zarosylo, Mykola O. Gelemei, Mykhailo I. Stankovych, Mykola M. Yatsun (Author)
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
All writings published in this journal are personal views of the authors and do not represent the views of this journal and the author's affiliated institutions. Author(s) retain copyrights under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0).
