“EU cross-border gathering and use of evidence in criminal matters. Towards mutual recognition of investigative measures and free movement of evidence?”

This follow-up study which is based on replies to a questionnaire from ten Member States, was conducted by Gent University and aimed to obtain up to date information on the national laws of the European Union’s Member states on evidence and to analyze that information in the light of recent legal developments, in particular the European Evidence Warrant.

With this study, the Commission also intended to initiate preparatory work on a new legal instrument covering all types of evidence and replacing the existing regime of mutual legal assistance within the EU by the mutual recognition  principle. Finally, the study aimed at reaching a conclusion on the need to improve cooperation on the gathering, obtaining and admissibility of evidence in criminal matters and, if there was this need, to identify the way to proceed.

Please click here for the study (PDF).