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Case Law C-852/19 (11/11/2021)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/11/2021

Subject: According to the Court, Directive 2014/41/EU regarding the European Investigation Order in criminal matters, read in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union, precludes legislation of a Member State which has issued a European investigation order that does not provide for any legal remedy against the issuing of a European investigation order, the purpose of which is the carrying out of searches and seizures as well as the hearing of a witness by videoconference. Therefore, the Court affirmed that EU Law precludes the issuing, by the competent authority of a Member State, of a European investigation order, the purpose of which is the carrying out of searches and seizures as well as the hearing of a witness by videoconference, where the legislation of that Member State does not provide any legal remedy against the issuing of such a European investigation order

Parties: Gavanozov II

Classification: Freedoms - Art. 7 Privacy - Justice - Art. 47 Right to an effective remedy before a tribunal

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