The EU doesn’t have laws. It has directives and regulation. These are converted into law by member states.
The EU doesn’t have any regulation or directives about the inadmissibility of evidence; that is a national concern. The only area the EU has directives for regarding evidence is the cross-border admissibility of evidence from one country being accepted in another.
This is technically correct, the best kind of correct.
EU Regulations are directly applicable to all member states, so its not needed to transpose those into domestic law for them to be used. Some countries’ constitutional setup mess with this(like the uk eh pre-brexit I guess), but in general regulations are as important if not more than domestic law.
Directives can be directly used in domestic courts but only under certain conditions. The defendant/respondant needs to be a public body and the transposition deadline must have passed. Its basicly ‘you failed to implement it in time — tough’. Also if they’re not implemented correctly. But in general yes, they’re only instructions for the members to pass domestic legislation.
I think even on a technicality both are law. Sorry if this was a bit padantic.
oh and yes I’m not aware of any EU legislation on admissibility of evidence. But, not really my area :/ I think there have been proposals for cross-border stuff but can’t remember what became of that. If you know any in force i’d be interested in reading that? thanks
Conspiracy brain says this was deliberately done to make any evidence inadmissible and key evidence gathered without a warrant would result in an acquittal with an unlikely second trial for fear of double jeopardy.
Natanael@slrpnk.net 3 months ago
repository.tilburguniversity.edu/…/download
EU has similar laws and Dutch law allows for striking illegally collected evidence if the infringement was severe
sunbeam60@feddit.uk 3 months ago
The EU doesn’t have laws. It has directives and regulation. These are converted into law by member states.
The EU doesn’t have any regulation or directives about the inadmissibility of evidence; that is a national concern. The only area the EU has directives for regarding evidence is the cross-border admissibility of evidence from one country being accepted in another.
This is technically correct, the best kind of correct.
Strawberry@sh.itjust.works 3 months ago
EU Regulations are directly applicable to all member states, so its not needed to transpose those into domestic law for them to be used. Some countries’ constitutional setup mess with this(like the uk eh pre-brexit I guess), but in general regulations are as important if not more than domestic law.
Directives can be directly used in domestic courts but only under certain conditions. The defendant/respondant needs to be a public body and the transposition deadline must have passed. Its basicly ‘you failed to implement it in time — tough’. Also if they’re not implemented correctly. But in general yes, they’re only instructions for the members to pass domestic legislation.
I think even on a technicality both are law. Sorry if this was a bit padantic.
oh and yes I’m not aware of any EU legislation on admissibility of evidence. But, not really my area :/ I think there have been proposals for cross-border stuff but can’t remember what became of that. If you know any in force i’d be interested in reading that? thanks
ChicoSuave@lemmy.world 3 months ago
Conspiracy brain says this was deliberately done to make any evidence inadmissible and key evidence gathered without a warrant would result in an acquittal with an unlikely second trial for fear of double jeopardy.