The problem of trans-border evidence, and European initiatives to resolve them

This article discusses possible approaches to improving the process of cross-border evidence gathering between EU Member States. It suggests that, if the mutual recognition route is followed, it would be desirable to prescribe a “menu” of standard measures, available from any Member State in trans-border cases. It doubts the wisdom of attempting to lay down a rule requiring the “free movement of evidence”.

Journal/Publisher: Cambridge Yearbook of European Legal Studies, Vol. 9, 2007

Publication type: Article

Number of pages/Page range: 465-480

Language/s (content): English

Date of publication: 01-03-07

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Full name John R. SPENCER

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University/Institution University of Cambridge

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Telephone +44(0) 1223 335846

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Email jrs1000@cam.ac.uk