Internationell rättslig hjälp i brottmål inom EU : Effektivitet v. rättssäkerhet

Sammanfattning: This is a thesis in criminal law that deals with questions concerning international judicial cooperation in criminal matters. The point of departure is the 1959 European Convention on Mutual Assistance in Criminal Matters. This convention regulates inter alia international letters rogatory concerning the questioning of witnesses or suspects abroad, and requests for different forms of coercive measures such as search and seizure. The overarching purpose of the thesis is to analyze and evaluate the international instruments which govern judicial assistance in criminal matters within the EU. The thesis has an international perspective, since its starting point is the international sources of law and not the national. The main tasks of the thesis are:1) to systematically order the different types of international agreements that are applicable in such cases and to study how these instruments interact and supplement each other.2) to systematize and analyze the changes and reforms that international judicial assistance has undergone through new types of instruments.3) to study the position of the individual in transnational cases. Since there is a need to balance law enforcement interests and the protection of fundamental human rights, one purpose is to establish whether certain human rights are adequately protected in cross-border cases where an international request for judicial assistance is necessary.