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This article sketches the legal background and institutional history that has led the EU Commission to propose a Directive on Combating Corruption. It outlines the role the future directive shall play in the context of other EU tools, including those belonging to the 2023 anti-corruption …

The intense debate over the past few years on access to data for criminal investigations has led to the adoption of the E-evidence package. Yet, electronic evidence is no less crucial for punitive administrative proceedings. One administrative investigation authority that could benefit from more extensive …

This article seeks to provide arguments in support of legislative action on mutual admissibility of evidence and electronic evidence in criminal proceedings at the EU level. To this end, it will first describe the status quo and then the main features of a corresponding proposal …

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 …

The following article gives an overview of the long internal negotiations on the EU legal instruments aiming at improving cross-border access to e-evidence in judicial proceedings (the so-called e-evidence package), which have finally been concluded. It outlines the main challenges met during the negotiations and …

Digital technologies have advanced more rapidly than any other innovation in modern history and they permeate our daily lives. The benefits to our societies and economies are numerous, but the risks of cyberattacks and crime have also increased. The EU is committed to protecting its …

How can the European Union be efficiently compensated for damage inflicted by criminal offences affecting its financial interests? The EU’s legislative framework, in particular the EPPO Regulation, states that EU Member States must take the necessary steps to confiscate, for the benefit of the Union, …

In April 2021, the European Commission put forward a proposal for a Regulation to harmonise rules on artificial intelligence (AI) across the EU, including AI in the context of law enforcement. Its horizontal character raised concerns in the police community, prompting a response by some …

Electronic evidence (e-evidence) is necessary and relevant with regard to many cases of serious, organised, or cross-border crime. This is also true for cases investigated by the European Public Prosecutor’s Office (EPPO). This article outlines the current legal framework, procedures, and mechanisms available to the …

This article provides an overview of current national, European, and international legal efforts to regulate cross-border access to electronic evidence. At the level of the EU, it was recently decided to harmonise the legal systems of the Member States by means of regulations and directives, …