La prima pronuncia della corte di giustizia sull'ordine europeo di indagine penale: un approccio formale diretto a favorire l'efficacia della cooperazione giudiziaria

The author analyzes the content of the first judgment issued by the Court of Justice on the subject of the European
investigation order, which raises some reflections on the delicate relationship between investigative needs and
respect for fundamental rights in the field of available means of appeal against the recognition of this transnational
evidence collection instrument. The paper ends with a brief overview of the remedies chosen by the Italian legislator, in order to highlight their compatibility with the system outlined by the European Directive 2014/41, in the light of some recent rulings on the matter.