Effective protection of rights as a precondition to mutual recognition: Some thoughts on the CJEU’s Gavanozov II decision

Abstract

This contribution intends to analyze the ruling of the CJEU in the Gavanozov II case. The Court ruled that Member States that do not have legal remedies available against European Investigation Orders are precluded from issuing EIOs altogether. The Gavanozov II decision is the first time that the CJEU de facto suspends the use of a mutual recognition instrument in the field of cooperation in criminal matters due to noncompliance with EU fundamental rights. It deals with two issues that lie at the heart of criminal cooperation in the EU: On the one hand, the relationship between mutual recognition and mutual trust and on the other hand, the position of the individual in transnational proceedings and the effective protection of their rights.