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by Frank HOPFEL in John A.E. VERVAELE (Ed.), "European evidence warrant – Transnational judicial inquiries in the EU" (English)

The main features of the Constitutional Treaty for a European criminal justice system

The transnational gathering and use of criminal evidence is a complex and sensitive matter that affects basic principles inherent in national criminal justice systems. Replacing the mutual assistance regime (letters rogatory) by a mutual recognition regime intends to facilitate the admissibility of evidence obtained from the territory of another Member State. How much harmonization of criminal procedure is needed to guarantee the free movement of criminal evidence in the EU? Do we have to develop common procedural safeguards in the EU, or can we build in human rights clauses or procedural public order clauses by which respect for fundamental rights can be a ground for the non-recognition, non-execution or postponement of the order from the issuing state?

Journal/Publisher: Intersentia

Publication type: Book chapter

Number of pages/Page range: 159-166

Language/s (content): English

Date of publication: 03-01-05

Personal data

Full name Frank HOPFEL

Current occupation Member

University/Institution University of Vienna

Telephone 0043 1427734651

Email frank.hoepfel@univie.ac.at