The CJEU Ruling on Cases Gavanozov I and Gavanozov II

Abstract

This article analyses the two judgments of the Court of Justice of the European Union in the Gavanozov case, which deals with judicial protection against European Investigation Orders in Bulgaria. Questions for a preliminary ruling were referred twice to the Court of Justice of the European Union by the Spetsializiran nakazatelen sad (Specialised Criminal Court, Bulgaria). In the second judgment of 11 November 2021 (Gavanozov II), the Court of Justice of the European Union ruled that European Investigation Orders cannot be issued by a Member State whose national legislation does not provide for any legal remedy against it. Against this background, the article examines the impact of these rulings on the level and scope of protection of human rights and fundamental freedoms in the European Union in the context of judicial cooperation in criminal matters between the Member States.