Quo vadis Europa—balancing between efficiency and guarantees in criminal proceedings using the example of EU production and preservation orders

Abstract

European Union (EU) legislative actions in the area of criminal proceedings focus on the improvement of the safeguards and procedural guarantees of suspects and the accused (e.g., Roadmap directives) as well as on enhancing the efficiency of criminal proceedings with the aim of effective prosecution and crime prevention. The newest examples of the latter are EU Production and Preservation Orders in criminal matters (EPOs). The Author analyses the relation between the EU safeguards and the fundamental rights of the suspects and the accused and the EPO regulation. The Author shows incoherences that occur in this field, especially regarding the right to an effective remedy and the right to information, proposing amendments in these fields.