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The proposed European Evidence Warrant

The proposed European Evidence Warrant

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About this Event

17 Oct 2005

The proposed European Evidence Warrant

About the Speech:

Following the 7 July bombing attacks in London, European Justice Ministers agreed to finalise the new European Evidence Warrant in December 2005. The European Evidence Warrant (EEW) should enable member states to collect and transfer evidence in cross-border cooperation more efficiently than is currently possible under existing legislation on mutual legal assistance.

The Warrant may not be issued for evidence taken in real time (such as communications intercept), or for evidence which requires further scrutiny, or for the purpose of conducting interviews, taking statements or initiating other types of hearings, unless the materials or information have been gathered prior to the issuing of the Warrant. However, under Article 3(2), statements can be taken from persons present during the execution of an EEW. The EEW does apply, for example, to the search for stolen goods, firearms, currency documents pertaining to trafficking and serious financial services crime.

The Union’s multi-annual JHA “Hague? Program of promoting provides for final adoption of the European Evidence Warrant by the Council (of Justice Ministers) by the end of December 2005.

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