Fundamental Rights and Effectiveness in the european AFSJ: the continuous and never easy challenge of striking the right balance

Lorena Bachmaier ^[1]
1. [1] Universidad Complutense de Madrid
  
  Universidad Complutense de Madrid
  
  Madrid, España
Localización: Eucrim: the European Criminal Law Associations' fórum, ISSN 1862-6947, Nº. 1, 2018, págs. 56-63
Idioma: inglés
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Resumen
- Abstract: In the context of the European Union’s area of freedom, security and justice (AFSJ), “the need to strike the right balance” between the effectiveness of criminal prosecution and cooperation in criminal matters, and the protection of fundamental rights, but also between the primacy of EU law and national constitutions, is a core goal. By addressing two precise scenarios, this article attempts to show how the “needed balances” are understood. This analysis will further serve to show whether the EU is moving in the right direction in the field of cooperation matters. The first scenario will focus on the protection of fundamental rights in cross-border investigations within the context of EPPO proceedings under Regulation (EU) 2017/1939.
  
  Secondly, a number of aspects regarding the European Arrest Warrant are analysed. The author argues that, even if the AFSJ is advancing in quite a measured way, much can still be done to improve the protection of fundamental rights