The European Investigation Order: changing the face of evidence-gathering in EU cross-border cases
Heard, Catherine and Mansell, D. (2011) The European Investigation Order: changing the face of evidence-gathering in EU cross-border cases. New Journal of European Criminal Law 2 (2), pp. 353-367. ISSN 2032-2844.
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Abstract
This article examines the controversial European Investigation Order - a Belgium-led Member States' legislative initiative whereby a single "mutual recognition" style instrument will replace the existing "mutual legal assistance" regime for cross-border evidence-sharing in EU Member States. The article charts the difficult negotiations on the text so far and details the safeguards still needed if this Directive is to offer adequate protection forfundamental rights. More fundamentally, the article asks whether a "one size fits all" approach to cross-border investigations and evidence-sharing makes sense in the absence of harmonized, coherent rules on admissibility, data protection and investigative procedures in an EU where equality of arms is not a feature of many legal systems.
Metadata
| Item Type: | Article |
|---|---|
| School: | Birkbeck Faculties and Schools > Faculty of Humanities and Social Sciences > School of Social Sciences |
| Research Centres and Institutes: | Crime & Justice Policy Research, Institute for |
| Depositing User: | Catherine Heard |
| Date Deposited: | 28 Sep 2017 13:24 |
| Last Modified: | 02 Aug 2023 17:35 |
| URI: | https://eprints.bbk.ac.uk/id/eprint/19794 |
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