Christodoulou, Hélène, Gaurier, Laetitia and Mornet, Alice (2021) La proposition e-evidence : révélatrice des limites de l'émergence d'une procédure pénale européenne ou compromis nécessaire ? European papers, vol. 6 (n° 1). pp. 423-439.

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Abstract

The volatile nature of electronic evidences has compelled the Commission to launch a specific instrument on access to electronic evidence in cross-border investigations. Therefore, the purpose of this study is to comment on the e-evidence proposal which is currently being discussed between European institutions. Although the chosen method is classic, the subject matter is entirely new. Despite the existence of numerous European laws on the subject, the need for a new instru- ment is entirely explained by the unstable nature of electronic data. If this Regulation is adopted, it should have the effect of overcoming the diversity of Member States’ criminal procedural laws. In other words, this instrument will be superimposed on heterogeneous internal regulations, to be exclusively applied in a transnational context. This unprecedented adoption could be the beginning of a genuine European Union criminal procedural law, independent of Member States ones.