EU Justice Commissioner Didier Reynders urged EU co-legislators, at the meeting of EU Justice Ministers on Monday 7 June, to show “openness” in finding a compromise on legislative proposals to facilitate access to electronic evidence in criminal investigations (see EUROPE 12003/18).
The subject was not officially on the agenda of the Justice Council of the EU, but was discussed during a public update on the EU Council’s ongoing work. In this context, the Portuguese Presidency expressed its intention to continue working until the last day of its mandate towards a compromise that is satisfactory to all institutions, but which “does not change the general approach adopted by the EU Council”.
The third ‘trilogue’ had taken place on 20 May and no agreement was reached at this stage on the thorny issue of notification and, therefore, the degree of involvement of the executing State (see EUROPE 12679/17).
“In the coming weeks and months, we should continue to discuss the crucial issue of notification and try to find an agreement”, said Didier Reynders. He added: “all the three institutions will have to move from their initial positions to achieve this”.
However, there is a red line that must not be crossed: the result needs to meet the original objectives of the proposals, namely to improve access to electronic evidence in criminal proceedings, he stressed.
According to our information, no date for a next ‘trilogue’ has so far been set. The Portuguese Presidency wished “the greatest success” to the Slovenian Presidency, which will have to continue these negotiations starting 1 July. (Original version in French by Marion Fontana)