This contribution is a comparison of the solution adopted in the European Union (EU) concerning cross-border access to electronic evidence and the Swiss law applicable in this area, based on a number of key features of the European system. It gives rise to a reflection on the prospects for relations between the European Union and Switzerland, in particular the opportunity for Switzerland to coordinate its rules with those of European law.

This article describes the role and activities of the Italian notary in the fight against money laundering. The Italian notaryship has always been committed to this fight: compared to other professional groups obliged by the relevant anti-money laundering legislation, notaries submit 91% of the reports on suspicious transactions; it recently also proposed the creation of an anti-money laundering data warehouse based on the Spanish model and considered to be an excellent tool by the Financial Action Task Force (FATF). In addition, the Italian notary will closely follow the process of new EU regulations on anti-money laundering during its presidency of the Council of the Notariats of the European Union (CNUE) in 2022. It will work to ensure that the new legislation takes into account the specificities of the notarial profession with its public function.

« Le parquet européen n’est pas seulement un projet audacieux, c’est aussi un bouleversement pour les ordres juridiques internes, en particulier dans les pays, comme la France, qui connaissent encore le juge d’instruction ».

In order to fight money laundering, efficient international cooperation in criminal matters is necessary. As Switzerland is one of the world’s leading financial centres, it is often approached by foreign states, in particular to obtain bank documents. Switzerland grants extensive judicial cooperation in money laundering matters, provided that foreign requests comply with the requirements of Swiss law on international mutual assistance in criminal matters. The purpose of this contribution is to discuss how the Swiss authorities respond to requests for mutual assistance in money laundering matters submitted by EU Member States. The article does not only give insights into the Swiss law but also into the practice to decide on MLA requests as defined by the Swiss federal courts.

Mutual assistance in criminal matters between the European Public Prosecutor’s Office (EPPO) and third States, including Switzerland, is a true challenge. The need for cooperation will exist from the very first days of the EPPO’s existence, but its implementation is a problematic issue: on the one hand, the possibilities offered by the Regulation establishing the EPPO raise questions as regards their compatibility with public international law and the basic rules governing mutual legal assistance. On the other hand, Swiss mutual assistance law is not, as it stands, adapted to enable Swiss authorities to cooperate with the EPPO.

Collaborators with justice and witnesses are the most important impact factors when combatting organized crime and terrorism, since they provide information on the goals of criminal groups, on criminal networks, and on planned or committed crimes. Protective measures can be applied to guarantee the personal safety of collaborators with justice as well as witnesses and their relatives both requiring protection. The efforts of European institutions aim to establish common criteria in this field (protection programmes, protection measures for witnesses and collaborators of justice, etc.). For a few years now, the necessity of European legislative instrument has been under discussion. The Council of Europe whose active role on matter has been proven through their recent suggestions on the modernization of their work on witnesses and collaborators protection, has carefully studied this question.