Description

Any effort to gather evidence may prove pointless without ensuring its admissibility. Nevertheless, the EU, while developing instruments for the smooth gathering of evidence in criminal matters, does not seem to be trying to enhance its admissibility. Due to the lack of common rules in this matter, gathering and use of evidence in the EU cross-border context is still governed by the domestic law of the member states. This may lead to situations where, given the differences between legal systems across the EU, evidence collected in one member state will not be admissible in other member states. This book investigates the concept of minimum standards designed to enhance mutual admissibility of evidence in the EU. Through a study of two investigative measures, telephone tapping, and house search, the author examines whether coming to various common minimum standards is feasible, and whether compliance with these standards would finally shape the, as yet, non-existent concept of the free movement and mutual recognition of evidence in criminal matters in the EU. This will be essential reading for both national and EU policy makers, scholars and practitioners involved in cross-border gathering of evidence in the EU. Dissertation. (Series: Institute for International Research on Criminal Policy (IRCP), Vol. 53) [Subject: Criminal Law, International Law]