Towards an inconsistent European Regime of Cross-Border Evidence: The EPPO and the European Investigation Order
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Publication date
2018
Editors
Geelhoed, Willem
Erkelens, Leendert Hendrik
Meij, Arjen
Advisors
Supervisors
Document Type
Part of book
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taverne
Abstract
This chapter focuses on the different approaches to cross-border evidence in two future manifestations of judicial cooperation in criminal matters in the EU: the European Investigation Order (EIO) and the proposed European Public Prosecutor’s Office (EPPO). In the horizontal context of the EIO, the collection and transfer of evidence is based on a redesigned mutual recognition scheme, while the proposed EPPO model selectively combines elements of horizontal and vertical cooperation for the gathering and the Union wide recognition of evidence. The study sets the emphasis on the potential problems of the mixed EPPO regime and its future co-existence with the EIO. With currently no minimum European rules on the mutual admissibility of evidence, no uniform EPPO powers and the reality of the EPPO being established by enhanced cooperation, the author concludes that initial recourse to the EIO in EPPO investigations might be beneficial for various reasons. It might increase the acceptance of the EIO in practice, the trust in future EPPO investigations, the recognition of EPPO-evidence and the coherence of cross-border investigations in the EU in general.
Keywords
European Union, Judicial cooperation in criminal matters in the EU, The Corpus Juris study, European Public Prosecutor's Office, European Investigation Order (EIO), Evidence, Cross-border investigations, Taverne, SDG 16 - Peace, Justice and Strong Institutions
Citation
Csúri, A 2018, Towards an inconsistent European Regime of Cross-Border Evidence: The EPPO and the European Investigation Order. in W Geelhoed, L H Erkelens & A Meij (eds), Shifting Perspectives on the European Public Prosecutor’s Office. T.M.C. Asser Press, pp. 141-153. https://doi.org/10.1007/978-94-6265-216-3_9