Critical remarks on the Green Paper on obtaining evidence in criminal matters from one Member State to another and securing its admissibility

Facilitating the exchange of evidence is at present one of the priorities of the EU action in criminal matters. Less than one year after the adoption of the Framework decision on the EEW, the Commission presents a new Green Paper proposing a general instrument based on mutual recognition available for all means of evidence. This essay discusses the pros and cons of the green paper suggestions. It first criticizes the method employed by the Commission to submit a proposal without having conducted an accurate reflection and without relying on empirical studies. A second reason of criticism concerns the Commission’s attempt to transplant in criminal matters the principles and the techniques which developed in the (former) first pillar of the EU without taking into account the peculiar sensitivity of criminal law. In this respect the proposal of the Commission hides behind some “false miths” such as the “healing” work of the ECtHR and it does not adequately consider the problems that lurk under the differences in the rules between national legal systems. No consideration is given to safeguards and to the need of protecting human rights within criminal proceedings.

Journal/Publisher: Zeitschrift für Internationale Strafrechtsdogmatik, Volume 9

Publication type: Article

Number of pages/Page range: 569 - 579

Language/s (content): English

Date of publication: 04-01-10

Personal data

Full name Silvia ALLEGREZZA

Current occupation Member

University/Institution University of Luxembourg

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Telephone 00352 46 66 44 5608

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Email silvia.allegrezza@uni.lu