6

result(s)

Word(s)
Publication type
Policy area
Author
Keyword
Date

European production and preservation orders and the appointment of legal representatives for gathering electronic evidence

13-07-2018

The IA provides a comprehensive description of the problem and the options are clearly linked to the objectives and the problem definition. It would have benefited the analysis if coherence and complementarity between this initiative and other proposed EU legislation would have been further explained. Moreover, stakeholders’ views are mentioned in a rather general way throughout the IA report and also, the problem drivers are not evenly discussed. It is to be noted that the proposed Regulation does ...

The IA provides a comprehensive description of the problem and the options are clearly linked to the objectives and the problem definition. It would have benefited the analysis if coherence and complementarity between this initiative and other proposed EU legislation would have been further explained. Moreover, stakeholders’ views are mentioned in a rather general way throughout the IA report and also, the problem drivers are not evenly discussed. It is to be noted that the proposed Regulation does not entirely follow the IA as it does not include legislative measures on direct access and access to databases, and on the other hand, it includes additional conditions for issuing a European Production Order.

Civil Judicial Experts in Cross-Border Litigation: The Common Law Perspective

29-05-2015

ÀUpon request by the JURI Committee, this in-depth analysis examines the use of expert witness evidence and testimony in cross border legal actions and the comparison of the differing systems of law in which such litigation might take place. It further analyses how the common law system has successfully evolved to facilitate the employment of civil expert witnesses across the Member States of the European Union.

ÀUpon request by the JURI Committee, this in-depth analysis examines the use of expert witness evidence and testimony in cross border legal actions and the comparison of the differing systems of law in which such litigation might take place. It further analyses how the common law system has successfully evolved to facilitate the employment of civil expert witnesses across the Member States of the European Union.

External author

Barry Turner

Civil Judicial Expertise in the EU: Analysis of EU Legislation and Recommendations

29-05-2015

Upon request by the JURI Committee, this study provides an analysis of existing EU legislation applicable to judicial expertise for the purpose of assessing whether cross-border expertise in the EU is hampered or restricted, and whether steps could be taken to facilitate it and to further develop a genuine European area of civil justice. It concludes that, while existing EU law is largely satisfactory, there are still major issues, and that EU action would be necessary to address them.

Upon request by the JURI Committee, this study provides an analysis of existing EU legislation applicable to judicial expertise for the purpose of assessing whether cross-border expertise in the EU is hampered or restricted, and whether steps could be taken to facilitate it and to further develop a genuine European area of civil justice. It concludes that, while existing EU law is largely satisfactory, there are still major issues, and that EU action would be necessary to address them.

External author

Gilles Cuniberti

National Security and Secret Evidence in Legislation and before the Courts: Exploring the Challenges

10-12-2014

At the request of the LIBE committee, this study provides a comparative analysis of the national legal regimes and practices governing the use of intelligence information as evidence in the United Kingdom, France, Germany, Spain, Italy, the Netherlands and Sweden. It explores notably how national security can be invoked to determine the classification of information and evidence as 'state secrets' in court proceedings and whether such laws and practices are fundamental rights- and rule of law-compliant ...

At the request of the LIBE committee, this study provides a comparative analysis of the national legal regimes and practices governing the use of intelligence information as evidence in the United Kingdom, France, Germany, Spain, Italy, the Netherlands and Sweden. It explores notably how national security can be invoked to determine the classification of information and evidence as 'state secrets' in court proceedings and whether such laws and practices are fundamental rights- and rule of law-compliant. The study finds that, in the majority of Member States under investigation, the judiciary is significantly hindered in effectively adjudicating justice and guaranteeing the rights of the defence in ‘national security’ cases. The research also illustrates that the very term ‘national security’ is nebulously defined across the Member States analysed, with no national definition meeting legal certainty and “in accordance with the law” standards and a clear risk that the executive and secret services may act arbitrarily. The study argues that national and transnational intelligence community practices and cooperation need to be subject to more independent and effective judicial accountability and be brought into line with EU 'rule of law' standards.

External author

Didier Bigo (Centre d’Etudes sur les Conflits, Liberté et Sécurité - CCLS ; Sciences-Po Paris ; King’s College London), Sergio Carrera (Centre for European Policy Studies, CEPS), Nicholas Hernanz (CEPS) and Amandine Scherrer (CCLS) ; Contributions in the Country Fiches by: Mar Jimeno Bulnes (University of Burgos, Spain), Emmy Eklundh (University of Manchester, United Kingdom), Roseline Letteron (Université Paris-Sorbonne, France), Nikolaus Marsch (University of Freiburg in Breisgau, Germany), Daniel Squires (Matrix Chambers, London, United Kingdom), Arianna Vedaschi (Bocconi University, Milan, Italy), Gabriele Marino (University of Exeter, United Kingdom) and Anja Wiesbrock (University of Oslo, Norway)

The European Investigation Order

20-02-2014

The proposed directive on the European Investigation Order is aimed at setting up a comprehensive system for obtaining evidence in criminal cases with a cross-border dimension. Whereas this mutual recognition instrument is supposed to facilitate much greater cooperation across the EU, it also raises concerns over the protection of fundamental rights.

The proposed directive on the European Investigation Order is aimed at setting up a comprehensive system for obtaining evidence in criminal cases with a cross-border dimension. Whereas this mutual recognition instrument is supposed to facilitate much greater cooperation across the EU, it also raises concerns over the protection of fundamental rights.

Parliamentary committees of inquiry in national systems: a comparative survey of EU Member States

14-10-2011

This paper provides an update and extension of a 2007 overview of national provisions for parliamentary committees of inquiry. It concentrates on the legal framework in which these committees operate and the limits and responsibilities under which they carry out their investigations.

This paper provides an update and extension of a 2007 overview of national provisions for parliamentary committees of inquiry. It concentrates on the legal framework in which these committees operate and the limits and responsibilities under which they carry out their investigations.

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