[ParlTrack]

Draft directive
Recital 12 a (new)

(12a) It should be possible to refuse an EIO where its recognition or execution in the executing State would involve breaching an immunity or privilege in that State. There is no common definition of what constitutes an immunity or privilege in the European Union and the precise definition of these terms is therefore left to national law, which may include protections which apply to medical and legal professions, but should not be interpreted in a way which would run counter to the obligation to abolish certain grounds for refusal in Article 7 of the 2001 Protocol to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union. This may include as well, even though they are not necessarily considered as privilege or immunity, rules relating to freedom of the press and freedom of expression in other media.

2012/02/10
Committee: LIBE

Anna HEDH

Draft directive
Recital 13 a (new)

(13a) The legal remedies available against an EIO should at least be the same as those available in domestic cases against the investigative measure in question. In accordance with their national law, Member States should ensure that these legal remedies can be used and should in due time inform interested parties about the possibilities and methods of legal remedy. In cases where objections against an EIO are made by an interested party in the executing State with regard to more substantive reasons for the issue of an EIO, it is advisable that such information is transmitted to the issuing authority and that the interested party is duly informed. There is a need to ensure the right to information and access to the courts for those affected by an EIO. The right of defence forms part of the right to a fair trial (Articles 47 and 48 of the Charter) during all stages of the proceedings.

2012/02/10
Committee: LIBE

Anna HEDH

Draft directive
Article 2 – paragraph 1 – point a – point ii

(ii) any other ~~judicial~~competent authority as defined by the issuing State and, in the specific case, acting in its capacity as an investigating authority in criminal proceedings with competence to order the gathering of evidence in accordance with national law,

2012/02/10
Committee: LIBE

Anna HEDH

Draft directive
Article 13

~~Legal remedies shall be~~1. The interested parties, including third parties in good faith, may have legal remedy avgai~~lable for the interested parties in accordance with national law~~nst recognition and execution of an EIO, in defence of legitimate interests, before a court in the executing State. 1a. The substantive reasons for issuing the EIO can be challenged only in an action brought before a court of the issuing State. 1b. Where the right of legal remedy is exercised pursuant to paragraph 1, the judicial authority shall be informed of this fact and of the grounds of the legal remedy so that it can exercise its procedural rights. 1c. Provided that the need to ensure the confidentiality of an investigation is not called into question, as laid down in Article 18(1), the authorities in the issuing State and executing State shall provide interested parties with relevant and appropriate information to guarantee the effective exercise of the right of legal remedy and the right of action laid down in the above paragraphs. 1d. In case the evidence has already been transferred in accordance with Article 12 and the recognition or execution of an EIO has been successfully challenged in the executing State, this decision will be taken into account in the issuing State in accordance with its own national law.

2012/02/10
Committee: LIBE

4 Amendments of Anna HEDH related to 2010/0817(COD)

ParlTrack - 2011-2024