This article deals with the topic of mutual admissibility of evidence in the EU. It presents inability of the forum legit actum principle to overcome problems related to free movement of evidence and points out the ideas that can be undertaken in the future. Keywords European investigation order • Mutual admissibility of evidence • Forum regit actum • Minimum standards 1 Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters, OJ L 130/1 (hereafter the EIO Directive).
The EU, while developing instruments for evidence-gathering in criminal matters, is not making much of an effort to enhance its admissibility. This may lead to situations where, given the differences between legal systems across the EU, evidence collected in one member state will not be admissible in other member states. Due to the fact that the Lisbon Treaty opened the possibility of adopting minimum rules concerning, among other things, the mutual admissibility of evidence, this paper is dedicated to verifying whether it is feasible to achieve various common EU minimum standards for evidence-gathering.Keywords Common EU minimum standards . Mutual admissibility of evidence . Mutual trust . Telephone tapping . House search . EU cross-border gathering of evidence in criminal matters
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.