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

Beschrijving

Over het boekThe European Council set out the 2007 specific program on Criminal Justice as part ofthe General Program on Fundamental Rights and Justice. The concrete objectives of theprogram include the promotion of the principle of mutual recognition and mutual trust,eliminating obstacles created by disparities between member states judicial systems andimproving knowledge of member states legal and judicial systems in criminal mattersand the exchange and dissemination of good practice.As part of this program, the European Commission awarded a contract to the Institute ofInternational Research on Criminal Policy to conduct the study this book comprises theresults of.The initial aim of the study was to obtain up to date information on the national lawsof the EU member states on the gathering and handling of evidence and to analyse thatinformation in the light of recent developments in legislation governing cross-bordertransmission of evidence, in particular the 2008 European Evidence Warrant. In addition,it was the intention of the European Commission to initiate preparatory work on alegal instrument that would expand the scope of application of the European EvidenceWarrant in order to further replace the existing regime of mutual legal assistance withinthe EU by a mechanism based on the mutual recognition principle. As a result, the studywas broadened as to also assess whether or not a mutual recognition-based EU mutuallegal assistance regime is desirable and feasible.Whereas the Green Paper on obtaining evidence in criminal matters issued in 2009 bythe European Commission raises general questions on the matter, this book providesan in-depth and full-scale overview of the current situation relating to cross-bordergathering, obtaining and admissibility of evidence in criminal matters between the EUmember states, as well as clear-cut future legal and policy options.This book is essential reading for EU policy makers, judicial and law enforcementauthorities throughout the EU and from a broader international context. It will beparticularly appealing also to the research community and anyone involved in or takingan interest in criminal policy initiatives in the EU.Uit de inhoudTable of contents