Evidence

 European Evidence Warrant Project

There are three proposals in this area, with the European Investigation order the current key proposal which has superseded the European Evidence Warrant and the Commissions Green Paper on obtaining evidence and admissibility.

  • On 21 May 2010, a Member State initiative was launched for a European Investigation Order in criminal matters which seeks to provide a new text to guide evidence gathering in criminal matters between Member States. The stated objective of the proposed Directive is to replace the mixture of mutual legal assistance and mutual recognition instruments in this field and to replace them with a single, efficient and flexible instrument for obtaining all types of evidence located in another Member State in the framework of criminal proceedings.  The ECBA have been involved in the debate on this instrument, seeking clearer guidance and campaigning with national legislators to ensure that the instrument is  available to the defendant under the principles of equality of arms.
  • European Evidence Warrant - The Framework Decision of the European Evidence Warrant (EEW) is an instrument that is intended to further improve judicial co-operation by applying the principle of mutual recognition to a judicial decision for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters in different Member States.  The ECBA have been involved in the debate on this instrument, seeking clearer guidance and campaigning with national legislators to ensure that the instrument is  available to the defendant under the principles of equality of arms.
  • In November 2009 the Commission adopted a Green Paper on obtaining evidence in criminal matters from one Member State to another and securing its admissibility.  The ECBA position paper rejects the replacement of the existing laws and rules on mutual assistance in criminal matters in this area and sets out core principles that should be adopted in order to respect the national and international rule of law.

Statement on the Member State initiative regarding the European Investigation Order in Criminal Matters

The ECBA has issued a Statement on the Member State initiative regarding the European Investigation Order in Criminal Matters 9145/10 (Brussels, 29 April 2010). This Statement will be send to all Ministers of Justice of all Member States and to all Members of the European Parliament.
Please click here for the Statement.

A reply to the attention of Mr Holger Matt, signed by the Bundesminister der Justiz, Mrs. Sabine Leutheusser-Schnarrenbe has been received on 25 November 2010. Please click here for the reply in German. For the translation in English click here

Proposal on European Investigation Order

The Belgium government and others have put forward a proposal for a European Investigation Order. The ECBA are in the process of drafting a response to this proposal, and welcome any views or thoughts from members of the Association.

Please click here for the Proposal for a Directive of the European Parliament and the Council
regarding the European Investigation Order in criminal matters.
Please click here for the explanatory memorandum.