Proposal for a Directive laying down harmonised rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings

Author (Corporate)
Series Details COM (2018) 226
Publication Date 17/04/2018
Content Type

Summary:

Legislative proposal - published by the European Commission in April 2018 - for a Directive on the appointments of legal representatives for the purpose of gathering evidence in criminal proceedings.

Further information:

The proposed Directive sets out rules on the legal representation in the European Union (EU) of certain service providers for the purposes of gathering evidence in criminal proceedings. It also aims to remove some of the obstacles to addressing service providers by offering a common, EU-wide solution for addressing legal orders to service providers by way of a legal representative. This removes the need for individualised and uncoordinated national approaches and provides legal certainty at EU level.

The draft law was adopted on 17 April 2018 as part of a legislative package aimed at improving cross-border access to e-evidence by creating a legal framework for judicial orders addressed directly to service providers or their legal representative in another member state. The Council of the European Union adopted its general approach on the proposal on 8 March 2019.

Source Link https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2018:226:FIN
Related Links
Commentary and Analysis
EPRS: Briefing, July 2018: Initial Appraisal of a European Commission Impact Assessment http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2018)621844

Official
EUR-Lex: SWD(2018)118: Impact assessment https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2018:118:FIN
EUR-Lex: SWD(2018)119: Executive summary of the impact assessment https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2018:119:FIN
European Parliament: Legislative Observatory: Procedure File for Proposal on appointment of legal representatives for the purpose of gathering evidence in criminal proceedings https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=&reference=2018/0107(COD)
EP: Legislative Train: Appointment of legal representatives for the purpose of gathering evidence in criminal proceedings http://www.europarl.europa.eu/legislative-train/theme-area-of-justice-and-fundamental-rights/file-jd-cross-border-access-to-e-evidence-appointment-of-legal-representatives
Council of the European Union: Press Release, 08/03/2019: E-evidence package: Council agrees its position on rules to appoint legal representatives for the gathering of evidence https://www.consilium.europa.eu/en/press/press-releases/2019/03/08/e-evidence-package-council-agrees-its-position-on-rules-to-appoint-legal-representatives-for-the-gathering-of-evidence/

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