The importance of judicial cooperation in criminal matters in the European Union with a special focus on countering EU threats and crime more effectively

Abstract

This article's main aims are to explore, consider and analyse various sources of law to identify the essence and importance of the established judicial cooperation system in the European Union (EU) for effective countering of EU threats and crime. During the research, various sources of European Union Law, case law, constitutional law, etc. were explored and considered, by using the analysis method as well as the comparative and synthesis methods. The article reviews the development of the existing system of judicial cooperation in criminal matters in the EU demonstrating the importance of the mutual trust involved in the combating of cross-border crime in the EU. Further, it assesses the effectiveness of the existing institute of judicial cooperation in criminal matters in view of combating cross-border crime, in addition to demonstrating the current normative system in the field of judicial cooperation in criminal matters of the EU and its connective side with national criminal justice systems. The main research results highlight the necessity for supplementing the legal framework of judicial cooperation in criminal matters with a clear definition of the following terms: cross-border crime and offences with a foreign element, as well as the term foreign element in the context of judicial cooperation in criminal matters; the results also shed light on the fact that it is essential to adopt a new legal framework on the transfer of criminal proceedings. Finally, for more effective cooperation among Member States, it is necessary to approach a common way of the interpretation of the legal acts facilitating correct application and implementation of judicial cooperation in criminal matters instruments in the EU.