Proposal would give investigators in criminal cases access to evidence in other countries.
Eight member states of the European Union have put forward their own proposal for EU-wide rules that would give investigators in criminal cases access to evidence in other countries.
The EU’s 27 member states took note of the initiative on Monday (12 July), clearing the way for the proposal on a European investigation order to be forwarded to the European Parliament and to the European Commission. The proposal would have to have the approval of a weighted majority of member states and of the Parliament to become law.
The Commission is preparing a proposal of its own under the EU’s Stockholm programme, but eight member states – Austria, Belgium, Bulgaria, Estonia, Luxembourg, Slovenia, Spain and Sweden – believe that faster legislation is required.
The proposed investigation order is intended to replace the European evidence warrant. The legislation for such warrants was approved in 2008, but the warrants come into effect only next January. “It is widely recognised that the evidence warrant is one of the worst instruments ever adopted” in the field of co-operation in criminal matters, said a diplomat from one of the eight member states that have proposed the investigation order. “Rather than implementing it, we should make a fresh start. The urgency relates to the fact that if we do not have this debate now, then we have to start implementing the evidence warrant.”
A spokesman for the Commission said: “We are following the discussion and are going to continue preparatory work on the European investigation order. Our plan is still to put forward a proposal at the beginning of 2011.” A diplomat predicted “long negotiations” on the proposal since it is a “sensitive area”, but stressed that there was “broad agreement” on its main elements.
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