Press Release: Cross–border crime:European Commission issues opinion on Member States’ evidence sharing proposals

An investigator seeking evidence in another EU country relies on a 50-year-old patchwork of rules. They have to use various forms and procedures to obtain different evidence. The authorities across the border can ignore the request, or set their own deadline. The European Commission has adopted an opinion on a proposal by seven EU Member States (Austria, Belgium, Bulgaria, Estonia, Slovenia, Spain and Sweden) for a European Investigation Order – a system facilitating justice authorities' work in obtaining evidence for transnational criminal proceedings (or investigations). The proposal would allow authorities to request their counterparts to investigate, share and gather evidence.

The opinion published by the Commission recognises the added value of replacing the current fragmented system for investigative measures with a single legal framework. It also notes the need for clear and detailed rules, which would be fully compliant with the EU Charter of Fundamental Rights. These measures would include minimum standards for gathering evidence so that its admissibility in court is beyond doubt, as well as high data protection standards for sensitive information.