Open Access
Privatising mutual recognition and the challenge of safeguarding rights : a critical analysis of the e-evidence package
Loading...
Files
Privatising_mutual_2024.pdf (242.96 KB)
Embargoed until 2025
License
Attribution 4.0 International
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
0964-0037; 2754-1797
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
European current law, 2024, No. 4, pp. 321-329
Cite
ALBUS, Valerie Helene, Privatising mutual recognition and the challenge of safeguarding rights : a critical analysis of the e-evidence package, European current law, 2024, No. 4, pp. 321-329 - https://hdl.handle.net/1814/77760
Abstract
The article aims to bring greater attention to the promise and pitfalls of the EU’s recently adopted e-evidence package. Regulation 2023/1543 (e-evidence Regulation) and its accompanying Directive 2023/1544 aim to speed up and simplify cross-border access to data that is stored by internet service providers. To this end, it extends—for the first time—the principle of mutual recognition to private actors. The reform thereby marks a critical shift in EU criminal law cooperation and raises systemic questions which certainly exceed the criminal law context. The article critically analyses the reform focusing on the nature of mutual recognition and the role of private actors in fundamental rights protection. It is submitted that the privatisation of mutual recognition creates new risks of surveillance and abuse, which the reform fails to adequately address.
Table of Contents
Additional Information
Published: April 2024