Type: Acts of the European Union: Green Book

Authority: European Authorities - European Union: European Commission

Date: 11/11/2009

Subject: The European Commission is launching a wide-ranging public debate on obtaining evidence in criminal matters from one Member State to another and securing its admissibility. The existing rules on obtaining evidence in criminal matters in the EU consist of a number of co-existing instruments based on different underlying principles, namely that of mutual assistance and that of mutual recognition. This makes the application of the rules burdensome and may cause confusion among practitioners. According to the Commission, the most effective solution would seem to lie in the replacement of the existing legal regime by a single instrument based on the principle of mutual recognition and covering all types of evidence.

Classification: Justice - Art. 48 Rights of defence