Abstract
On 18 December 2008, the 27 EU Member States formally adopted the Framework Decision on the European evidence warrant for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters. This ended a five year long discussion between on this rather delicate subject. This text will, after a short introduction, discuss some key elements of the Framework Decision. Firstly, the relation between the Framework Decision on the European Evidence Warrant and the existing MLA instruments will be assessed. Secondly, a short introduction will be given on the content of the Framework Decision itself. Special attention will be given to topics that gave rise to a lively discussion in the Council during the legislative process. As a third, the safeguards – as they exist in the Framework Decision – will be the subject of critical assessment. Are these safeguards satisfactory and will they prove effective enough to protect the fundamental rights of persons who are confronted with a European Evidence Warrant?
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