EU cross-border gathering and use of evidence in criminal matters (IRCP-reeks, nr. 37)

The European Council set out the 2007 specific program on ‘Criminal Justice’ as part of
the General Program on Fundamental Rights and Justice. The concrete objectives of the
program include the promotion of the principle of mutual recognition and mutual trust,
eliminating obstacles created by disparities between member states judicial systems and
improving knowledge of member states legal and judicial systems in criminal matters
and the exchange and dissemination of good practice.

As part of this program, the European Commission awarded a contract to the Institute of
International Research on Criminal Policy to conduct the study this book comprises the
results of.

The initial aim of the study was to obtain up to date information on the national laws
of the EU member states on the gathering and handling of evidence and to analyse that
information in the light of recent developments in legislation governing cross-border
transmission of evidence, in particular the 2008 European Evidence Warrant. In addition,
it was the intention of the European Commission to initiate preparatory work on a
legal instrument that would expand the scope of application of the European Evidence
Warrant in order to further replace the existing regime of mutual legal assistance within
the EU by a mechanism based on the mutual recognition principle. As a result, the study
was broadened as to also assess whether or not a mutual recognition-based EU mutual
legal assistance regime is desirable and feasible.

Whereas the Green Paper on obtaining evidence in criminal matters (issued in 2009 by
the European Commission) raises general questions on the matter, this book provides
an in-depth and full-scale overview of the current situation relating to cross-border
gathering, obtaining and admissibility of evidence in criminal matters between the EU
member states, as well as clear-cut future legal and policy options.

This book is essential reading for EU policy makers, judicial and law enforcement
authorities throughout the EU and from a broader international context. It will be
particularly appealing also to the research community and anyone involved in or taking
an interest in criminal policy initiatives in the EU.