The use of electronic evidence in the European Area of Freedom, Security, and Justice: an introduction to the new EU package on E-evidence

• Autores: Adam Juszczak, Elisa Sason
• Localización: Eucrim: the European Criminal Law Associations' fórum, ISSN 1862-6947, Nº. 2, 2023 (Ejemplar dedicado a: Electronic evidence), págs. 182-200
• Idioma: inglés
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• Resumen

  • Digital technologies have advanced more rapidly than any other innovation in modern history and they permeate our daily lives. The benefits to our societies and economies are numerous, but the risks of cyberattacks and crime have also increased. The EU is committed to protecting its citizens against these risks in the Area of Freedom, Security and Justice. Prevention, detection, and enforcement form key components of the EU’s security architecture. Making use of the benefits of digital technologies and ensuring a high level of security across the Union were driving forces behind the latest building block in this architecture: the e-evidence package. Recently adopted, it aims to ensure that judicial and law enforcement authorities can obtain electronic evidence across the EU and beyond in a swift and legally sound manner for the purpose of investigations and prosecutions in criminal cases.

    This article provides an introduction to the two new EU instruments: the Regulation on European Production/Preservation Orders and the Directive on the designation of designated establishments and the appointment of legal representatives. The authors outline the key elements of this new set of rules and illustrate their implications for stakeholders. Furthermore, the borderless and open character of digital technology also makes it imperative to analyse existing and potential new international agreements in this field, since they will have an impact on the effectiveness of the enacted EU e-evidence package.

    The article concludes that the adoption of the EU e-evidence rules is an important step in the joint efforts to fight crime effectively. Fundamentally relying on the principle of mutual trust among the EU Member States and a presumption of their compliance with Union law, the rule of law, and fundamental rights and values, the application of the e-evidence package will nonetheless require constant scrutiny, monitoring, and cooperation between all actors involved.