Common EU Minimum Standards for Enhancing Mutual
Admissibility of Evidence Gathered in Criminal Matters
Published online: 14 March 2017
The Author(s) 2017. This article is published with open access at Springerlink.com
Abstract The EU, while developing instruments for evidence-gathering in criminal matters, is
not making much of an effort to enhance its admissibility. This may lead to situations where,
given the differences between legal systems across the EU, evidence collected in one member
state will not be admissible in other member states. Due to the fact that the Lisbon Treaty
opened the possibility of adopting minimum rules concerning, among other things, the mutual
admissibility of evidence, this paper is dedicated to verifying whether it is feasible to achieve
various common EU minimum standards for evidence-gathering.
Keywords Common EU minimum standards
Mutual admissibility of evidence
EU cross-border gathering of evidence in criminal matters
to achieve mutual admissibility of evidence in the EU was initiated in the 1999
Despite the fact that this concept has already been addressed both by
Eur J Crim Policy Res (2017) 23:337–352
The paper encompasses the essentials of doctoral research carried out as part of a co-tutelle agreement between
Adam Mickiewicz University and Ghent University. The entire body of research is published as a book entitled
Mutual admissibility of evidence in criminal matters in the EU. A study of telephone tapping and house search,
(…) Evidence lawfully gathered by one Member State’s authorities should be admissible before the courts of
other Member States, taking into account the standards that apply there, Tampere European Council 15 and 16
October 1999 Presidency Conclusions, p. 36.
The work described has not yet been published and is not under consideration for publication anywhere else. Its
publication has been approved at the institutes where the work was carried out.
The paper encompasses the essentials of doctoral research published as a book and therefore contains fragments
taken from this book.
* Martyna Kusak
Faculty of Law and Administration, Adam Mickiewicz University in Poznań,Poznań,Poland
Institute for International Research on Criminal Policy, Ghent University, Ghent, Belgium