Articles on the ELI Proposal on (Electronic) Evidence Published


We are pleased to publicise the publication of three recent articles on the ELI Proposal for a Directive on Mutual Admissibility of Evidence and Electronic Evidence in Criminal Proceedings.

The first article by Lorena Bachmaier Winter on ‘Mutual Admissibility of Evidence and Electronic Evidence in the EU’ was recently published on eucrim. It discusses the need for EU legislative action by way of adopting a set of minimum rules on the admissibility of evidence and electronic evidence between Member States, outlining the ideas from the ELI Proposal.

The second article by Antonio Martínez Santos on ‘Admisibilidad mutua de prueba penal transfronteriza en la Unión Europea: La propuesta de directiva del European Law Institute’ was recently published in Revista General de Derecho Procesal. The article sets out the main ideas of the ELI proposal, with a view to promoting further discussions among experts, which could hopefully lead to EU legislative action in the future.

The third article by Claudio Orlando on 'Mutua ammissibilità della prova tra gli Stati membri dell’Unione europea ed e-evidence: riflessioni a margine della proposta di direttiva dello European Law Institute' was published in Sistema Penale 11/2023. It analyses the ELI Proposal and underlines its importance, praising in particular the idea of involving the defence more closely in the process of obtaining evidence abroad.