@article{2024:panzavolta:formal_and,
title = {Formal and Informal Circulation of Cross-Border Evidence in Europe and Possible Improvements: Toward an “Annex E” of the European Investigation Order?},
year = {2024},
note = {The present article discusses possible improvements in the field of
circulation of cross-border evidence in Europe. It begins with an
overview of the developments of the different channels for evidence
circulation, by differentiating informal sharing of evidence from
formal exchanges. It then discusses the many features of these two
categories, with a view to identify shortcomings and incoherences. On
the basis of these shortcomings, suggestions for improvements are put
forward. The main proposal of this paper is to introduce in the
European Investigation Order (EIO) a new form – annex E – for
transmitting the requested evidence to the issuing State. It is argued
that such a form would help clarify the formal nature of the exchange
of evidence that takes places with the EIO and that it would be
conducive to a better mutual trust and to a greater protection for
fundamental rights at the moment of assessing evidence in the issuing
State.},
journal = {EuCLR European Criminal Law Review},
pages = {191--212},
author = {Panzavolta, Michele},
volume = {14},
number = {2}
}