Gloss on the Judgement of the Polish Supreme Court of 2 June 2022, I KZP 17/21

Abstract

The article discusses the decision of the Polish Su­preme Court of 2 June 2022, I KZP 17/21. The ruling of the Su­preme Court was issued based on a legal question submitted by a common court in relation to the European Investigation Or­der (EIO). The Author refers to the ruling by discussing broadly both the issues of the legal question and the authority issuing the European Investigation Order within the framework of pre-trial proceedings. Of paramount importance are the characteristics of the subjective sphere, i.e. the authority empowered to issue a European Investigation Order from the point of view of legally protected confidential information, in particular bank secrecy constituting the subject matter that served the basis for the ruling of the Supreme Court being commented herein.