Brussels, 11/11/2009 (Agence Europe) - Faced with cross-border crime, “it is particularly important to foster more effective cooperation (among member states) on obtaining all types of evidence in criminal matters,” stated European Commission Vice-President and Justice, Security and Freedom Commissioner Jacques Barrot at the adoption of the Green Paper. Calling for legal cooperation among member states to be speeded up, the Commission plans to replace the currently fragmented legal regime on obtaining evidence in criminal matters with a single instrument based on the principle of mutual recognition covering all types of evidence and introducing common standards with a view to secure its admissibility before the Courts. “The Green Paper consults member states and relevant stakeholders on the validity of this approach and on a number of issues that are relevant in this respect,” the Commission says in a press release.
The existing rules on obtaining evidence from another member state consist of a number of co-existing instruments based on different underlying principles and scopes. This makes the application of the rules burdensome and may cause confusion among practitioners and lead to situations where they do not use the most appropriate instrument for the evidence sought. Ultimately, these factors may hinder effective cross-border cooperation, according to the Commission. Moreover, the issue of the admissibility before a court of evidence obtained from another member state is only addressed indirectly, as there are no common standards for gathering evidence. This creates a danger that the rules on obtaining evidence in criminal matters will only function effectively between member states with similar national standards for gathering evidence.
The Commission intends to replace the existing legal regime on obtaining evidence in criminal matters by a single instrument based on the principle of mutual recognition and covering all types of evidence. It also intends to introduce common standards for gathering evidence in criminal matters. The objective of the Green Paper is to consult member states and stakeholders concerned on the validity of this approach and on a number of issues that are relevant in this respect. Further information will shortly be made available at: http: //http://www.ec.europa.eu/commission_barroso/baqrrot/welcome/default_en.htm (O.L./transl.rt)