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8 - The European Evidence Warrant: Mutual Recognition and Mutual (Dis)Trust?

Published online by Cambridge University Press:  01 June 2011

Cian C. Murphy
Affiliation:
City University London
Christina Eckes
Affiliation:
Universiteit van Amsterdam
Theodore Konstadinides
Affiliation:
University of Surrey
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Summary

The European Evidence Warrant (EEW) is a key element of the EU's attempt to improve criminal justice cooperation within Europe. The evidence warrant builds on the European Arrest Warrant (EAW) and several other Framework Decisions that are based on the principle of mutual recognition to develop more integrated EU criminal justice. It aims to facilitate speedier cooperation in the transfer of evidence between Member States in criminal proceedings. This chapter critically analyses the evidence warrant and considers what its adoption can tell us about the development of mutual recognition in EU criminal justice. The central argument is that the European Evidence Warrant demonstrates the problems of enforcement-led criminal justice cooperation in the absence of mutual trust. It concludes that the Stockholm Programme offers the potential for change towards more complete criminal justice cooperation or the continuation of the status quo. Section 1 critically analyses the historical background to the evidence warrant. Section 2 considers the adoption of the Framework Decision on the European Evidence Warrant and examines how the measure contributes to European criminal justice. Section 3 examines mutual recognition and mutual trust in light of the evidence warrant legislation. Finally, section 4 considers the future for criminal justice cooperation and evidence transfer under the newly adopted Lisbon Treaty and Stockholm Programme. While the focus in this essay is on the evidence warrant, certain aspects of the debate concerning the arrest warrant are raised insofar as they shed light on the development of mutual recognition and cooperation in criminal justice.

Type
Chapter
Information
Crime within the Area of Freedom, Security and Justice
A European Public Order
, pp. 224 - 248
Publisher: Cambridge University Press
Print publication year: 2011

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References

Peers, S., ‘Mutual Recognition and Criminal Law in the European Union: Has the Council Got it Wrong?41 Common Market Law Review (2004) 5, 6Google Scholar
Mitsilegas, V., EU Criminal Law (Hart Publishing, 2009) 116Google Scholar
Plachta, M., ‘European Arrest Warrant: Revolution in Extradition?11 European Journal of Crime, Criminal Law and Criminal Justice (2003) 178, 187CrossRefGoogle Scholar
Spencer, J. R., ‘The Problems of Trans-border Evidence and European Initiatives to Resolve Them9 Cambridge Yearbook of European Legal Studies (2007) 477CrossRefGoogle Scholar
Belfiore, R., ‘Movement of Evidence in the EU: The Present Scenario and Possible Future Developments17 European Journal of Crime, Criminal Law & Criminal Justice (2009) 1, 10CrossRefGoogle Scholar
Murphy, C. C., ‘The Principle of Legality in Criminal Law under the ECHREuropean Human Rights Law Review (2010) 192Google Scholar
Summers, S., Fair Trials: The European Criminal Procedural Tradition and the European Court of Human Rights (Hart Publishing, 2007) 3Google Scholar
Greer, S., The European Convention on Human Rights: Achievements, Problems and Prospects (Cambridge University Press, 2006) 77–8CrossRefGoogle Scholar
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