NEW PROPOSALS OF EUROPEAN COMISSION REGARDING E-EVIDENCE IN CRIMINAL PROCEEDINGS: SYMMETRIC RESPONSE TO THE CHALLENGES FROM THE EU OR REASSESSMENT OF THE BASIC PRINCIPLES OF MUTUAL LEGAL ASSISTANCE?

Abstract

In this article I study the proposals of European Commission which aim to adopt new EU’s unified rules of the cross-border access to e-evidence in criminal proceedings as well as to establish status of the legal representative of service provider. I explore the most important differences between offered and actual provisions, subjects of new rules, criteria for the service provider to follow these rules. In addition, I review crucial aspects of the proposals such as for example essentially reduced role of the enforcing state in the process of the request’s execution.