Admissibility of evidence in criminal proceedings in the EU

• Autores: Katalin Ligeti, Balázs Garamvölgyi, Anna Ondrejova, Margarete Gräfin Von Galen
• Localización: Eucrim: the European Criminal Law Associations' fórum, ISSN 1862-6947, Nº. 3, 2020 (Ejemplar dedicado a: The Future of EU Criminal Justice – Expert Perspectives), págs. 201-208
• Idioma: inglés
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• Resumen

  • With the increase in volume and importance of cross-border investigations in the EU, ensuring the admissibility of evidence gathered in another Member State at trial is crucial − both for efficient law enforcement and for the protection of fundamental rights. At present, the rules on the collection, use, and admissibility of evidence are left to the laws of national criminal procedure of the Member States. These differ extensively as to the collection, use, admissibility, and nullity of evidence and thereby act as an obstacle to the use of cross-border evidence. In order to overcome the present difficulties, this article argues in favour of a new legislative proposal based on Art. 82(2) subsection 2 TFEU laying down common rules for the admissibility and exclusion of evidence in criminal proceedings. The article starts with a short description of the problem and a summary of the current legal framework before turning to the analysis of the legal basis for EU action and the policy options available to the EU legislator.